On The Perfection Of The System Of Reeducation Through Labor In China

Reeducation through labor is our country's peculiar to carrying out illegal acts do not constitute a crime, or illegal behavior has constituted a crime, but according to the criminal law does not require punishment may be exempted from punishment or who applies a compulsory education reform measures. Our country the system of reeducation through labor in attacking and preventing crimes, maintain social stability plays an important role. However, along with the international, the domestic environment and changes of China's rule of law in the implementation of the strategy, the reeducation-through-labor system some malpractices in the judicial practice gradually appear, and by the theoretical circles and the public blame and criticism. Many people think that our labor education and rehabilitation measures infringe the fundamental rights of citizens, departure from the socialist concept of rule of law of sorrow. Therefore, from the theory of how to give full play to our country the system of reeducation through labor for education and reform of crime, crime prevention, the maintenance of social order active role at the same time, in accordance with the law to protect the basic rights of citizens, has very important significance.This article altogether four parts:The first part, explain the education-through-labor concept, characteristic and function, analyzes the legal nature of reeducation through labor, compared the reeducation through labor in China with foreign similar system similarities and differences.The second part, introduced our country the system of reeducation through labor system of the historical background, target and policy basis, the reeducation-through-labor system development process.The third part, from the education-through-labor legal nature, legal basis, applicable scope, duration, handling procedures, supervision mechanism, analysed our country the system of reeducation through labor problems.The fourth part, put forward to perfect our legal system of reeducation through labor of specific countermeasures. Think of reeducation through labor, should be defined as an administrative punishment measures, improve the reeducation through labor legislation, the reasonable definition of reeducation through labour object scope, shorten the duration of the reeducation through labor re-education through labor, perfect the supervision mechanism.