A Research On The Alternative Measure Of The Labor Reeducation System

As a political tool, the Labor reeducation system ascended our historical stage in1950sto strengthen the national rule. The Labor reeducation system is one of our native law-systemwhich is produced in the documents written. In the60years of social transformation, kinds oflegal institutions have been reformed and consummated, but The Labor reeducation systemremained with playing different roles in different stages. This is a phenomenon in our lawhistory should be paid more attentions. The Labor reeducation system which forcescriminal suspects to re-educated through labor and to lose the personal liberty never goesthrough the National Justice. The lack of legitimacy and rationality makes disadvantagebecome visible. Such as the deficiency of the legal basis, the indeterminacyof the legal nature, the randomness of the applicable object, the severity ofthe punishment and the imperfection of the supporting regulations. There are threedifferent points of view on the prospects of the Labor reeducation system. The first opinionis to preserve and strengthen the Labor reeducation system; The second is to abolish the Laborreeducation system thoroughly；The third is to reform and Strengthen the Labor reeducationsystem. As we can see, if we want to maintain the authority of law, to avoid enforcementaudio, effectively protecting the legal rights and interests of citizens, accord with therequirement of our country has signed the international convention, it is necessary to abolishthe re-education through labor.This article reviews the historical origin of reeducation through labor system, combingthe education-through-labor system from the perspective of historical development of theexistence and development context, objectively analyzes the main defects existing in thereeducation through labor, to realize the significance of the abolishment of the reeducationthrough labor. After the abolition for the solution of the problems left over by, at present thereare four main voice, respectively is the extension of the existing "criminal law" and "publicsecurity management punishment law, without the other alternative measures; Absorbingforeign experience and the substitution of security measure for reeducation through labor;Using the existing pattern, to community correction instead of reeducation through labor;Method of thoroughly remould oneself, make illegal behavior correction. Among them, thecalls for the current highest in violation correction method instead of reeducation throughlabor, must properly handle the illegal behavior and correcting method of qualitative problems, the applicable objects, the decision of belonging, rectification period, and five key problemssuch as the way of carrying, can realize smoothly.