The Reform And Perfection Of Reeducation Through Labor

With Chinese characteristics as an important legal system,the reeducation-through-labor system in the maintenance of public order and social stability,preventing and reducing crime,education and save the criminals who has played an irreplaceable role.However,with the development of the times and social progress,democracy and the rule of law has become the country's political civilization of the important elements of civic awareness of the law and also the increasing awareness of IPR protection.Reeducation-through-labor system because of legal conflicts,the lack of procedures and practice of the problem,by the growing number of queries and concerns.Therefore,the discussions re-education through labour is of great theoretical and practical significance.China's reeducation-through-labor system on the fate of the basic academic sub-factions:one faction holding the abolition of the view that one group had reservations on the point of view.But no matter which faction is in the treatment of re-education through labour should reform and perfect the legislation on the issue,there is a surprising consensus. Reeducation-through-labor system should be to reform and perfect the legislation,but in how to reform and perfect the legislation,is the benevolent-see,see-wise.This paper in favour of retaining reeducation-through-labor system and its reform and improve the legislative point of view,including the four main aspects:First,re-education-through-labour system and the historical development of the status quo.Reeducation-through-labor is a special historical period of political choice,was founded in 1955 to 1957 the State Council published "On the question of re-education through labour" to mark the official creation.1982,the State Council transmitted the Ministry of Public Security's "reeducation through labor pilot scheme," reeducation through labor system is on a normal path of development. After years of tinkering,the current education-through-labor system and create a very different time.Second,re-education through labour system deficiencies. Performance of major flaws in the system itself and the actual operation of the problems in two ways.One uncertainty is the legal nature of the issue the focus of controversy,this paper attempts from the historical changes in the nature of the angle of re-education through labour on the uncertain nature of the underlying causes.In addition,the legal basis for the low-band,non-standard procedures,lack of effective monitoring and enforcement is the arbitrariness of the more controversial issues.Third,from the reeducation-through-labor system has demonstrated the necessity and rationality reeducation-through-labor system should continue to exist.The necessity of re-education through labour in the history of its irreplaceable role and great practical significance,and its existence is reasonable to meet the needs of utilitarian social reality,the rule of law on the value of innovativeForth,reeducation-through-labor system the way out.Legislative reform is the only way to re-education through labour,in the Legislative Council,should first clarify its legal nature,to establish their legal status and establish independent of the administrative penalties and criminal penalties from the legal action.Construction of the system,we should focus on resolving the nature and purpose,the conditions of application and application objects,period,judicial proceedings,rights and obligations,legal supervision and legal relief as well as the political aspects of management.