The Reform And Improvement Of The Reeducation-through-Lbor System In China

As a unique law system in China, the reeducation-through-labor system has played an irreplaceable role in such respects as the public order, social stability, the prevention and reduction of crime, and the education and save of the criminals. It is inevitably the outcome of the history development, whose foundation has its special historical background, possessing its own historical limitation. With the development of the times and the progress of history, it gradually arouses more and more people’s doubt due to the contradiction in law, the lack in procedures and some problems in practice. Some of them have blocked the implementation of ruling the country by law, not in the position for the protection of people’s rightful benefit and basic right.There are a lot of problems of the reeducation-through-labor system such as:deprive citizens’personal freedom without legal permission and the necessary judicial procedure, lack of effective supervision, restriction and relief mechanism on the decisions of the reeducation-through-labor. In addition, the reeducation-through-labor is also taken advantage of by the international society to attack our country’s human right system. Obviously, it is the common requirement of both theories and reality to make some reform and improvement to the reeducation-through-labor system as soon as possible. Through historical analysis, example analysis and contrast analysis, the paper contrasts the difference between foreign security measures and our country’s. Further more, it analyzes the flaws of the reeducation-through-labor system. The writer also promotes some opinions and suggestions from the following two respects:legislation reform and implementation reform of the reeducation-through-labor system in the future, trying to help with its reform and improvement. And the writer thinks that the reform of the reeducation-through-labor system must establish its law system which is independent from administrative penalty and criminal punishment ones, introducing proper judicial proceedings, the court possessing the decision of reeducation through labor. At the same time, the reeducation-through-labor should be clear in nature legislatively, and perfect in the relevant laws and regulations.The paper has five parts:The first part mainly introduces the out line of the reeducation-through-labor system, including i ts concept, nature, suitable object, expected endurance etc. In the second part, the paper mainly includes the reeducation-through-labor system’s fifty or sixty years’development from its establishment to the present, analyzing its history limitation. The third part provides the reform of China’s reeducation-through-labor system with kind of certain references by introducing the related system abroad and comparative analysis. The fourth part mainly focuses on the narration of the current situation and the existed problems of the reeducation-through-labor system in China. It can’t be solved of the problem if not be proposed. Last but not least, the fifth part covers the writer’s opinions and suggestions from the following two respects:legislation reform and implementation reform of the reeducation-through-labor system in the future, trying to help with its reform and improvement.