Study Of The System Of Reeducation Through Labor Legislation

The reeducation-through-labor is a legal system originally created in a specific historical period after our country's founding. Its production and development has the certain historical inevitability. In the last four decades and more, the system of reeducation through labor has successively educated and transformed more than 3 million illegal or criminal offenders. It played a very important role in the maintenance of social order and the prevention of crime. However, along with the unceasingly thorough of our country's reform and open policy, with the gradual establishment of the system of administering a country according to law, with the requirement of the masses on democratic rules of law, the human rights and the procedure just improving day and day, many problems existing in the system of education-through-labor becomes more and more conspicuous. In the constitution aspect, the reeducation-through-labor system's constitution basis is about the civic duty standard. But with the social, political and economical development, our country's social structure has gradually evolved from the unification political society to the dual political society and the residential society; the relation between national and citizen has greatly changed; the validity that the government limited the citizen's personal freedom according to the civic duty standard in the constitution receives the question. In the administrative law aspect, the implementation of the "Administrative Punishment Law", specially the "Legislation Law" has initiated the valid crisis in the aspect of the legislation main body of the reeducation-through-labor system .In addition, the system of reeducation through labor takes defending the society as its logical beginning, take the personal risk as the judgment standard, and often makes the illegal offender to serve more severe punishment than some penalties. These also causes widespread dispute. Therefore, making the system of reeducation through labor of our country which doesn't adapt to realistic requirements radiate new vitality needs further reform and perfection in legislation of this system. This thesis firstly expounds the historical formation and development of the system of reeducation through labor, emphasizing the establishment process of the reeducation-through-labor system in legal meaning and how the system of reeducation through labor being brought into the national legal system. With relative laws and examples, the thesis expounds the realistic malpractice existing in the system of reeducation through labor. Secondly, the writer emphatically discusses the legislation's value orientation of the system of reeducation through labor, and analyzes the argument about the retention or abolishment of the reeducation-through-labor system existed in the field of science of law from aspects of the theory, the fact and the function respectively. On the theory level, the existence and development of the reeducation-through-labor system has solid rationale, this rationale is the Marxism, the Mao Zedong Thought and Deng Xiaoping Theory. On the real situation level, the system of reeducation through labor is very important to preventing illegal crimes and maintaining the social stability. Its existence and development has solid practice foundation. Several dozens years' practice proves that this system has great vitality and value; it is an important defense line to prevent the crime and an effective form to maintains the social order. In the last four decades and more, the system of reeducation through labor has saved more than 3 millions light illegal people and as high as 90% of them have totally changed. After releases from returning to the society, most releasing people can observe laws and discipline, become independent and enjoy their life. On the function level, this system is the most suitable and effective carrier to realize reeducation-through-labor's social function. After this analysis, the writer ends up to a conclusion that the system of reeducation through labor should be kept, what it needs is reform and consummation. We can't simply deny or abolish the system of reeducation through labor, but should, from more scientific and more reasonable purposes, by carrying on the legislation reform to the reeducation-through-labor system, enables it to achieve the dual requests of order and right.Finally, the writer gives simple discussion and research on the basic questions which the reform and perfection of legislation of the reeducation-through-labor system involves. First, the writer reconfirms the property of the system of reeducation through labor; the writer thinks we must analyze this system's supposed property before legally reforming and consummating it. Nowadays, scholars commonly infer the property of reeducation-through-labor system by analyzing the applied object of reeducation through labor; but because the applied object of reeducation through labor has many flaws and problems, people can hardly determine a generally agreed and accurate property of this system by analyzing the applied object. Through research, the writer finds that the initial establishment of reeducation-through-labor system manifested one kind of constitutional spirit of responsibility and concern, and it existed as a method of influence, education and saving. From this, we can see that the beginning goal of the reeducation-through-labor system mainly lies in the education, saving and transformation. It is a method of forcing education. Therefore, the writer thinks that the property of the system of reeducation through labor should be an administration precautionary measure and this will be more advantageous to realize this system's goal and function. Then, according to the conclusion of analyzing the reeducation-through-labor system's property and the understanding to the system's function and goal, the writer carries on a choice to the legislation mode of the reeducation-through-labor system; the legislation mode should be an independent administrative statute book formulated by National People's Congress; In addition, the writer expresses his own opinion on the reform of the applied object of reeducation through labor and the perfection of these people's treating pattern, in order to be a little benefit for completing the system of reeducation through labor of our country.