How To Deal With The Abolition Of Reeducation Through Labor System Of The Law

Reeducation through labor system generates for the needs of the times, the initial roleis to combat and eliminate some of the people’s internal counter-revolutionaries and badelements, then it gradually transformed into education and reforming for some illegal butnot enough to bear criminal responsibility. Over the years, the development of reeducationthrough labor system make the system of reeducation through labor has violated theoriginal intention, gradually to the formidable “bottleneck”; based on the imperfection oflegislation and abuse in the reality, also make reeducation through labor system eventuallygo to abolish edge. According to this background, the establishment of a sound system ofthe illegal behavior education of treatment for perfect instead of reeducation through laborsystem is particularly important and necessary. In fully summarizes the defects andshortcomings through reeducation through labor system, we should more understand howto complement each other in the future instead of the measures. A perfect law can not onlyprovide strong legal basis for education and correction, make up the system vacancy, legal,the laws; but also avoid the ill effects of reeducation through labor system and humanrights abuses, so as to better safeguard social public order and promoting the legal systemconstruction.This article altogether is divided into four parts:The first part: Historical Evolution and review of reeducation through labor system.This part summarizes reeducation through labor system to set up the initial process ofdevelopment; anglicizing with the state of reeducation through labor system; andsummarize the defects and causes of reeducation through labor system in the operationprocess; to give a fair and objectively evaluate of the reeducation through labor system, toreflect on the reeducation through labor system itself and the deficiencies anddisadvantages in the process of implementation.The second part: The basis and impact of abolish reeducation through labor system.Conform to the trend of the Times, the18th the provisions of the third plenary session ofthe reeducation through labor system abolished, become the powerful theoretical basis toabolish the reeducation through labor system. The reeducation through labor system wasabolished, not only because of its lack of theoretical basis, it become a thorn more exists in the social, legal, and the people. The combination of the theoretical basis and reality basis,make the reeducation through labor system the abolition of the system of reeducationthrough labor is a desirable. The basis of analysis the education-through-labor system wasabolished and the influence, find the reasons why the education-through-labor system tothe end, to make the illegal behavior education of treatment for future legislation andpractice more smoothly.The third part: The legal alternative of abolish reeducation through labor system. Thischapter has a connecting role in the text.First analysis of the existing legal means how toreplace reeducation through labor system; then consider whether this means replacingsolve social problems and issues left over after the abolition of reeducation through laborsystem exists. Visually seen by analyzing, existing legal means can not fully replace therole of reeducation through labor system. Therefore, legislative regulations specificallybecome the best way to replace reeducation through labor system. However, speciallegislation to solve a social problem is very serious but still single, also need a variety ofsocial mechanism to cooperate to implement. Community corrections can not be ignored isthe kind of social support mechanisms. Special legislation and the combination ofcommunity correction in China is to build a complete illegal behavior educationindispensable parts of correctional system.The fourth part: Perfection of Legislation of abolish reeducation through labor system.Based on the lower of reeducation through labor system itself and its legal alternative to acomprehensive analysis of the issue of the abolition of the situation in this chapter,completing the legislation of the act of illegal behavior education correct idea, startingfrom the objective significance, the characteristics of the nature, clarify the main task ofthe law and value, and the system after fully research on the specific settings. Founded alaw is not easy, in the legal system of social environment, the birth of a law need morethoughtful, hosted the treatments illegal behavior education act is not only the judicialsystem more perfect and perfect, but also is a lot of reeducation through labor by thesystem is destroying the fairness and justice are expected to adhere to.