Reeducation Through Labor System Defects And Reform

Reeducation through labor with Chinese characteristics is the original legal punishment system. But with the specific historical conditions of constant change and social politics, economy, culture and environment development, this system continue highlights many problems. System and its legitimacy, rationality and appropriateness of controversy. This article through to a re-education through labor litigation case analysis, find out the system of reeducation through labor abuses, and various theories put forward their views on the future reform of reeducation through labor.This article altogether is divided six parts:The first part, cause of action. Huadeng Lei three people v. Shanghai City reeducation through labor management committee.The second part, the basic case. Introduces the lightning lights three sued the Shanghai City reeducation through labor management committee cases in the background and the basic situation of the court.The third part, case of focus. The invention relates to the main question is: how qualitative behavior of reeducation through labor.The fourth part, controversial views and differences of opinion.The fifth part, theoretical analysis. The first section of the reeducation through labor system a general overview, analysis of the reeducation through labor conditions and object of reeducation through labor, and as a legal punishment with the function. The second section to the "current and the system of reeducation through labor law the actual conflict" problem undertook an analysis, discussed the current reeducation through labor as a specific administrative act of its legitimacy, reasonableness, and combining with the cases one by one to comb case in Shanghai City Labor Management Committee decided to re-education through labor is not appropriate; analysis of reeducation through labor and other specific administrative acts of the connection and distinction, and the analysis of the current system of reeducation through labor by highlighting the problems.The sixth part, conclusion. First discussed the system of reeducation through labor reform several focus mode, and according to the author's doctrine of " separate legal sanction mode" of the reeducation through labor has made qualitative, then according to the qualitative the author presented his own on the future of the system of reeducation through labor reasonable suggestions for reform.