Study Of China's Reeducation Through Labor System A Number Of Legal Issues

The re-education through labor systerm is a special law system which is only being in our country. From being established, it has expericed modification and complement time and time. At different period,it brings positive effects in many aspects. For example, it makes the social saft, makes the social order stabilizing, prevents and reduces crime, educatesand saves criminals, ect. With construction of social democracy acquiring advancement successively in our country, especially the development of reform open more than twenty years, the circumstance of the social has taken place important and deep changes in every aspect. Because the re-education through labor which rooted in that history, it can not overcome the limitation of history and huge inertial tied by the traditional experience. Under the law background in new centry, the blemish of original thories, systerm, experience and the mode have all appeared day by day. No matter in the aspect in legislation or in management style, it exists many unagreements between the re-education through labor systerm and the total request of socialism law country. If it wants to obtain more development, it have to follow the step in ages, reform and innovate accompanying the development of the ages. For the reform of the re-education through labor systerm, scholarsput forward many project. The article put forward its own standpoints which foundate many comments of some influent points.This thesis raises personal opinions on reform and improvement of rehabilitation. The author believes that re-education through labor systerm must jump out between administrative law and criminal law, "either-or" mode of thinking, from China's national conditions, And we would establish a new independent sanctions and punishment system, it is not administrative punishment or criminal penalties, and there are principles distinction with the security of Western countries. It is a unique Chinese haracteristics "quasi-criminal penalties" system, we calling it as "correction of compulsory education" system. The Article have five parts to explains:In the first chapter, a review is briefed on the evolution and current situation of re-education through labor systerm.In the second chapter, assessment about China's re-education through labor system. First we analysised the main issues of the currently re-education through labor, the mainly issues is followed: the conflict with the basic law in China, and the conflict with China's signed international treaty, and their existence is not reasonable, and the procedural is not justice. Secondly, we analysised the necessity of re-education through labor from three aspects. Namely: the maintenance of social order and protecting of the interests of the majority, and makeing up structural deficiencies of our legal system.In the third chapter, comparing with foreign related legal system. We analysis a similar problem that was dealed in foreign countries on the practice, and there are a brief introduction and compared with misdemeanor system,security punishment system,the juvenile justice system.In the forth chapter, several perspectives and assessments on reform of the system of re-education through labor. This part we introuduse several mainly points of Scholars on the country's current reform of re-education through labor system, and including the future of re-education through labor misdemeanor, the punishment of re-education through labor security, object classification decomposition of re-education through labor system, re-education through labor system administrative offices. Finally my personal view is that the future of China's re-education through labor system should be implemented quasi-criminal sanctions .In the fifth chapter, Thinking on improve the legal system of re-education through labor. First analysis of the name and the nature of re-education through labor, the re-education through labor should be separated from the administrative punishment. As a independent judicial measures, It is independent from the criminal penalties and administrative sanctions; Secondly, Analysised the value orientation and starting point of the future re-education through labor system, the system should be designed to adhere to the people oriented values, At last we made a full exposition about the reform of the re-education through labor systerm, we elaborated it from three aspects:the entities, procedures and implementation modalities .