The Judicial Reform Of The System Of Re-education Through Labor In China

Approved by the Standing Committee of National People’s Congress, the StateCouncil promulgated the "on the question of re-education through labor decision" in1957. It define the nature, object, procedure, time limit, management of re-educationthrough labor. The system of re-education through labor become a formal legalsystem approved by the state legislature, into the orbit of law and regulation, andpromote the development of re-education through labor. As a unique legal systemwith Chinese characteristics, in the50years of development, the system ofre-education through labor made important contribution to maintain social stabilityand prevent of crime.The system of re-education through labor has been founded, the party and thestate has always attached great importance to the construction of legal system, in thedifferent historical period, according to the change of social situation and duty, hasformulated a series of law documents. Re-education through labor is to create thesocial order of justice, basic characteristics and core value lies not in the discipline,but in the education and correction. It has the important status in the maintenance ofsocial order,the prevention of crime and the legal system of engineering education.The basic model of the system of re-education through labor is not fixed, theborning and the transformation is the choice of social governance and policy underthe specific historical condition. Since this system recover of nineteen eighties, manyexperts and practitioners vision the eyes to invest the field, public opinions aredivergent. Today, great changes have taken place in China’s political and economicsituation, the rule of law and the protection of human rights ideas win support amongthe people, decide on what path to follow the system of re-education through labor isstill inconclusive.The due procedure is the need of the requirements of the rule of law, but also theguarantee of human rights. The application of re-education through labor and the justprocedure in the judicial system, the most prominent advantage is able to resolve and overcome the problems and defects of the system of re-education through labor,reflecting the Chinese socialist rule of law on the dual value orientation of socialorder and protection of human rights and safeguarding of citizens. The author aims toanalysis the history and the present of re-education through labor, and the relevantlegal system to explore and to reform, put forward to best reform plan, in order toprovide some helpful references for China’s socialist legal construction.First, The author from the re-education through labor founded the specialhistorical conditions introduces the development process of the re-education throughlabor system in China, this paper investigates the historical evolution of the system ofre-education through labor in China, from the start to the development of stagnationto the recovery phase, analysis of the different characteristics of the re-educationthrough labor, and further introduces the current situation, reform is imminent..Secondly, the author mainly analyzes the necessity of the reform of the system ofre-education through labor, discusses a series of problems in the re-education throughlabor, and carries on the elaboration from the three aspects of the legal system,physical design and program design, including the object, scope, strength, procedure,supervision and relief. The system of re-education through labor conflict between therule of law and the construction of a socialist country. Therefore,the reform for thesystem of re-education through labor is urgent.Thirdly, the author introduces two plans put forward the system of re-educationthrough labor—the abolition and the reform. The reform including security measures,criminal punishment, administrative, judicial and other reforms of re-educationthrough labor system. The author analysis the system of re-education through labor tomaintain social stability and prevent of crime, fit the traditional Chinese legal cultureand legal system of structural defects make up the four affirmed the rationality of itsexistence, and to rebut the abolition theory. Then, through the analysis on the reformscheme, pointed out that the development of the system of re-education through laborin China and perfect with reference, and further proposes the judicial reform ofre-education through labor.Finally, the author focuses on the specific conception of judicial reform ofre-education through labor. Reform of re-education through labor should follow the basic principles, should be based on China’s national conditions, the protection ofhuman rights, play to education and correction function. Focuses on the definition ofthe nature of the system of re-education through labor and the specific design of theinvolved entities from the view of rule of law. The system of re-education throughlabor procedural justice, analysis on the choice of necessity, judicial procedures,judicial mode of management and execution mode.