On The Study Of The Labor Education And Rehabilitation System

The system of reform through labor,established in 1950s, is one of legal system peculiar to China. After the development of half a century, the function, the nature, the objects and the procedure of the reform through labor system have changed a lot. Since reform and opening-up, the functions of forced labor and job placement have been weakened, while the characteristic of punishment has been enhanced. The reform through labor system is often questioned whether it is in accordance with the Constitution ,whether it is conflict with human rights and how to join with the existing system of administrative sanction and criminal punishment of our country. From the 21st century, the arguments about whether to abolish or to modify the system of reform through labor have become more and more intense. The uniform understanding of the legal issues of the system has been reached that the system of illegal activities correction will replace the system of reform through labor. But the new laws haven't been made yet and the reformation of the system has come to the bottleneck. This article researches the development path of the system of reform through labor, analyzes some controversial problems during the reformation of the system about the function of the system, the applicable objects range broadening and the rules evolution. It also gives some suggestions about the development direction, the design and choice of the system of reform through labor.