Reflections And Reform Conception On The Status Quo Of System Of Reeducation Through Labor In China

As a unique legal system in China, the system of Reeducation through Labor has played a very positive role in aspects of maintaining social security stability, preventing and punishing illegal criminal activity etc. In recent years, along with the continuous improvement on system of socialistic legal system in our country, many problems and defects exited in reeducation through labor have been increasingly highlighted. However, proceeding from our national conditions, there still is of necessity and realistic significance to retain system of Reeducation through Labor at the present stage, thereby, it is necessary to make study on how to do reformation about it.In the first part of this paper, a brief review is made on the historical development of system of Reeducation through Labor in China. The nature and transformation process of system of reeducation through labor is discussed by mean of summary analysis on features of the legal ground, nature, task and applicable objects etc of system of Reeducation through Labor at different historical period. The system of Reeducation through Labor is established in the 1950s, which is the political product generated in order to adapt to needs of class struggle in the specific historical periods. Seen from the historical development of system of Reeducation through Labor in China, it generally has undergone newly established, development, stagnation, and recovery and expansion the four stages. The system of Reeducation through Labor at initial stage is characterized by obvious political overtones, which not only a mean compulsory re-education in nature, but also a method of settlement and employment, and mainly targeted at counter-revolutionaries and bad elements destroying the socialist construction. However, with history development, functions of settlement and employment of system of Reeducation through Labor have been removed but function of punishment enhanced. Its nature is redefined as that it is a kind of administrative measure of executing compulsory education reform to those who are undergoing rehabilitation through labor. Its scope of application is also extended gradually, and gradually developed into a kind of administrative compulsory measure to treat with those who breaks the law slightly and has not reached to criminal sanction or violates security administration and refuse to correct there errors despite repeated education.In the second part of this paper, status quo of system of Reeducation through Labor after the reform of the approval system of Reeducation through Labor carried by The Ministry of Public Security is mainly introduced. Detailed induction to present situation of system of Reeducation through Labor in China is made from seven aspects of approval bodies, principles for approval, legal ground, objects of application, approval procedures, duration and mode of execution of reeducation through labor. The current system of Reeducation through Labor standardizes the approval body; increases principles for approval based on facts, taking law as the criterion, open, fair, in time, criminal facts adapting to period of reeducation through labor, and being free from unlawful interference, clears legal ground of reeducation through labor, defines the objects of application of reeducation through labor; increases provisions on approval procedures that separating the handling from hearing, evidence review procedure, collegiate procedure, hearing system, approval procedure, avoidance, cases of reeducation through labor agented by lawyer an so on; shortens the execution time; and increases provisions on executed outside the labor camps.Existing problems of system of Reeducation through Labor are analyzed from substantive law and applicable procedures the two aspects in the third part of this paper the current. First, through comparison on the existing conflicts between provisions of system of reeducation through labor and Constitutional Law, Legislation Law, Law on Administrative Punishment of our country and International Covenant on Human Rights, the major problems of system of Reeducation through Labor existed in the substantive law, which have already become a obvious obstacle in bringing China's legal system in line with international practice. Then, starting from the judicial practices, by means of analyzing the approval procedures and inspection model of cases concerning reeducation through labor, problems on the approval power being over centralized, supervision turning to be formalized and judicial relief right of parties being limited played of system of Reeducation through Labor in applicable procedures are put forward.Reform conception on making system of Reeducation through Labor improved is discussed in the final part of this paper. In this paper, starting from problems that whether the system of Reeducation through Labor should be retained or abolished firstly, opinions of academic community is analyzed, who claims to maintain and make reform to system of Reeducation through Labor. Then, the necessity and realistic significance to retain system of Reeducation through Labor in China at the present stage is indicated from three aspects of functions of system of Reeducation through Labor, cracking down on criminals and maintaining the social order to be stable. Finally, the author believes that the legal status of system of Reeducation through Labor in Chinese legal systems shall be given by means of making laws. Moreover, reform conception is proposed from five aspects on the nature, approval mode, objects of application, duration and mode of execution etc. of reeducation through labor by means of making comparison on the differences in objects of application and purpose of application of between the reeducation through labor and criminal penalty and security administrative punishment, and doing analysis on the model setting, objects of application and management to execution places of judicialization of reeducation through labor approval in future etc..