Abolishment Of Reeducation Through Labor System And Filling Programs

On December 28, 2013, the sixth meeting of 12 th NPC Standing Committee decided to abolish the system of re-education. Since then, the detention system which ran nearly 60 years was officially abolished, thus making Chinese three-level punishment mechanism of “criminal penalties- order punishment- reeducation through labor” to break partly. To compensate for the “blank” caused by abolition of the system of re-education, the academic have been looking forward to develop the Act of violations Education and Correction proposed by the 2005 National People’s Congress and they also proposed the security system with Chinese characteristics as well as diversion and correction system of misdemeanor punishment. Compared to the first two programs, the program diversion and correction system of misdemeanor punishment is more reasonable, for it can completely revolutionize the three-level punishment mechanism and then shift to the dual punishment mechanism which is the international practice. In order to build a misdemeanor of shunt treatment system suitable for China, we need to classify illegal behavior of the reeducation through labor system, and put a part into areas of order punishment and another part into the scope of penalties by the name of misdemeanor. So that it can improve the structure of China’s criminal law and build a dual Chinese punishment mechanism.