Researches On The Correction Status Of Reeducation-through-labor

With human rights movement continuously rising, reeducation-through-labor system with Chinese characteristics attracts the public's attention once again, which stayed in a free state characterized by penalty without accurate evidence and fixed principles for more than five decades. Whether reeducation through labor system is a developing sunrise system or just old and outdated rules, jurists, people's policemen of reeducation-through-labor, persons undergoing reeducation through labor, and even the general public have different views of their own.Derived from reeducation-through-labor system, the correction system of reeducation-through-labor is an important part of it, which involves the key parts of education, persuasion and redemption in reeducation-through-labor system. Meanwhile, education and recorrection are the purpose and a home to return to of reeducation-through-labor. Taking the correction system of reeducation-through-labor as a cut-in point and taking the reeducation and rehabilitation school in some municipality of Hunan province as an example, the author elaborates on various factors affecting the level of reeducation-through-labor correction system. Also, some views and suggestions on how to improve the reeducation-through-labor correction level are put forward from the perspective of jurisprudence and sociology.In accordance with the train of thought mentioned above, the overall logic framework of the thesis consists of several parts .The first half part of the introduction of the thesis describes the causes of selecting reeducation-through-labor correction system as the research object and provides an overview of the attitudes of reeducation-through-labor enforcement authorities and the legal community towards reservation and abolishment of reeducation-through-labor. Also, suggestions on reeducation-through-labor reform are introduced, thus leading to the significance of researching the subject. In the second half of the introduction, the author illustrates the typical example selected in the main text and explains the author's main research methods.From the aspects of historical evolution and political background, the second part of the thesis elaborates on the Chinese characteristics reeducation-through-labor system has. The important role reeducation-through-labor correction system plays in reeducation-through-labor system is discussed as well mainly from three aspects, which are reeducation-through-labor system itself, the purpose and the legal reform of reeducation-through-labor system.The third part of the thesis makes a brief introduction about the general information of a certain reeducation and rehabilitation school in Hunan province. Also, the investigation method adopted is introduced and overall analysis of the results is conducted.The fourth part, the emphasis and essence of the thesis, attaches great importance on the factors affecting the level of reeducation-through-labor recorrection. Combining the survey results of a reeducation and rehabilitation school in some municipality, the author specifically elaborates from three aspects, which are institutional factors, the main factors and objective factors respectively. Through criticism of a variety of adverse factors of reeducation-through-labor recorrection system, the author attempts to reflect the status and role of every factor in the treatment of reeducation through labor system, thus providing a direction for the reformation of reeducation-through-labor system.The author's jurisprudential thinking of reeducation-through-labor recorrection system lies in the fifth part of the thesis. The necessity of the legalization of reeducation-through-labor recorrection system is discussed from the perspective of the legal culture transition of reeducation-through-labor recorrection system. By adopting value analysis method, the author analyzed the circumstances where the fairness principle should be embodied in place of reeducation-through-labor. Furthermore, some concrete measures of improving reeducation-through-labor recorrection level and realizing equal rights are proposed.