Of The Criminal Legalization Of The Easure Of Reeducation-Through-Labor

The Measure of Reeducation-Through-Labor is a typical Chinese object, which has made highlighted contributions to safeguarding social stability, preventing crime as well as inculcating and correcting criminals in the more than50years of developing process. This Measure aims at the individuals that have committed illegal behaviors or slight crimes, while in the meantime against whom the criminal punishment is unnecessary. It is examined and approved by the Reeducation-Through-Labor Committee and carried out by the Reeducation-Through-Labor Control Station, the time limit of which could amount to3years that can be extended for1year when necessary.Nonetheless, along with the political and economic development in our country as well as the interiorization of the concepts of rule of law, harmonious society, human rights protection and scientific development perspective at the present, there are numerous problems in the practical operation of the measure. Through analysis of the actuality of this measure the problems such as its collision with the correlative legal rules and international treaties, the staleness of the criterion for identification of the objects, its uncertain and overlong duration, deficiency of procedural restrictions, and shortage of governance institution and so on are found. On the basis of analysis of the problems the proposal of the Criminal Legalization of the measure of Reeducation-Through-Labor as Non-penalty Punishment in criminal law is put forward. The theoretical foundation of this proposal lies in social defense, humanitarianism, humanistic thoughts and the philosophical thinking in Early China and its actual basis rests with the protection of the human rights of people undergoing the Education-Through-Labor measure and the existence of essential conditions. By means of comparative analysis of systems of security measures, petty misdemeanor and juvenile justice the future development of the Criminal Legalization of the measure of Reeducation-Through-Labor is mapped out. The specific design of the Criminal Legalization of the measure is legislatively, judicially and executively expounded. Legislatively the mode of Separate Criminal Law is advised. Judicially the legitimate procedure is emphasized, which means that the court ought to play a more important role as to achieve the procedural justice. Executively the classification institution, application of various corrective methods, the regime of open supervision, combination with the community correction and function of the societal forces should be highlighted in order to resoundingly educate and correct the people undergoing the Education-Through-Labor measure as well as promote their successful resocialization.