On The Reform And Improvement Of The Reeducation-through-labor System

Reeducation through labor in China’s current social security system of sanctions, criminal law, law and order punishment law, the formation of a three-tier system of sanctions, criminal law penalties for criminal acts, reeducation through labor regulations punishment of an offense serious enough for criminal punishment, the Law on Administrative Penalties for Public Security penalties for administrative violations. Reeducation through labor system is unique to China’s legal system, the concept of the first is the CPC Central Committee on the instructions completely eliminate the hidden counter-revolutionaries ", established on August25,1955and August1,1957by the Standing Committee of the National People’s Congress first Seven eighth meeting of the approval of the State Council, the decision of the State Council on the problem of re-education through labor ", has more than50years, during which debated the pros and cons of the system, as well as the Abolition of the decades-long, the system has been widely questioned the legitimacy of the de jure. At present, as soon as possible should be formal legal norms. However, at the time of the establishment of the system of re-education through labor into the implementation process, there are still more problems to be solved, to do further research to address these issues, further reform and improve the existing reeducation through labor system envisaged for the introduction of the new law, the present reform of the reeducation through labor system, has an important significance.This article will be divided into four chapters to study the re-education through labor system. The first chapter by theoretical as well as relevant laws and regulations of the reeducation through labor system overview, clarify the concept, history and development to explore its nature, lay a through-labor system reform and improvement of the logical basis; Chapter Ⅱ On the positive side, and manifested a problem aspects of the analysis of the existing system of reeducation through labor, discusses the necessity to reform and improve the system. Third, to put forward a number of domestic and foreign similar theory and system of reeducation through labor system, in order to find the idea of reeducation through labor system reform, the study compared the feasibility. The fourth chapter is a key part of the paper argues, as discussed above, combined with community corrections, and put forward the reform and improvement of the system of reeducation through labor legislation envisaged.Reeducation through labor system is able to compensate for the deficiencies of the Criminal Law and Security Administration Punishment Law, the combination of all three completion of the criminal justice system is of great significance, and the innovation of this paper is that the formation of a system of re-education through labor and criminal penalties and order punishment more comprehensive system of punishment, by order punishment, reeducation through labor and criminal penalties together constitute the three punishment mechanism, and analysis from the reeducation through labor in the punishment mechanism should be in position to start in the protection of the smooth functioning of the mechanism, The following refinement through-labor system reform specific programs. Original reeducation through-labor system as the carrier, the introduction of Security Measure System, misdemeanor penalty system and the community correction system related content to keep crude refined, to be integrated to form the new development of China’s reeducation-through-labor system.