On The Defects And Reform Of China’s System Of Reed Ucation Through Labor

The system of reeducation through labor is a legal system unique to China. Overthe past fifty-eight years, it has played a historical role of maintaining socialorder and social stability. However, with the changing of politics, economy and legalsystems, issues have been highlighted that labor reeducation system lacks sufficient legal basis and power restriction. There are calls for stronger innovating and abolishinglabor reeducation system which became a hot issue in academic circles. This article summarizes labor reeducation system first, expounding its fundamental problems by analysing its the real and procedural defects.In the next place, the writer uses an entrypoint that the attention of human rights and legal construction development of our state, analysing the necessity of the reform of the system of reeducation through labor. Finally, on the basis of confirming the necessity of labor reeducation system, the improvement measures are put forward.Specifically, this article includes the following four parts except introduction andconclusion:Part one: Summarizing labor reeducation system. This part expounds theconcepts, features, history, objects, deadline and procedures of handling the case forthe labor reeducation. Besides, it also includes the relationships among laborreeducation, criminal penalty and administrative penalties for public security.Part two: The controversy of defects and reserving or abolishing of laborreeducation system. This section is divided into two aspects. One is the real andprocedural problems of labor reeducation system. The other is the argument aboutreserving or abolishing of labor reeducation system in the academic world.Part Three:The necessary analysis of labor reeducation system, The part illustrates the necessary of labor reeducation system reform from two aspects. One is the state of human rights must be attention to the requirements of reeducation through labor reform. The other one is the development of legal construction must reform the systemof reeducation through labor.Part Four: The reconstitution value idea of the reeducation through labor systemand specific reform measures. As this part puts it, the reformation of the reeducationthrough labor should be reflected in not only the measures but restructuring the valueidea as well.