On The Way Of Reeducation Through Labor System In Terms Of Tang Hui Case

On August2,2008, reeducation through labor management committee of Yongzhou cityon the ground that Tang Hui Repeated petitions in make a racket and tangle way disrupted thestate organs and social public order decided to Tang Hui detain1year6months. With widemedia coverage, the tang’s petition behavior whether should really be punished, reeducationthrough labor system itself whether Settings have rationality and legitimacy becomes thefocus of the debate. From detention of the applicable scope and object, from the detention ofapproval procedure and time, from the court verdict of first instance and second instanceidentified fact as illegal of Tang Hui apply for state compensation case, the case of Tang Huimay be said "subject eligibility, the fact is clear, full of evidence, legal procedure". Manylegal experts believe that, reeducation through labor has a fuzzy nature and conflict withup-law; The applicable objects and scope is too broad; time is too long; The public securityorgan monopoly rights; Examination and approval procedures is casual and lack; Monitoringprocedures is not work. In the state compensation cases Tang Hui for instance, the court isaccording to the administrative reconsideration law decision support her litigation request.At the moment of the National People’s Congress and its standing committee of thelegislative process, reforming the reeducation through labor system to illegal behavioreducation and correcting system is the first choice, But to develop the education of treatmentfor illegal act, due to the existing criminal law in view of the existing reeducation throughlabor object of minor criminal and due to short of criminal responsibility age, the education ofteenagers from punishment corrective measures, at the same time, the drug laws, regulationsof compulsory isolation detoxification measures related to illegal behavior education andcorrecting method of object without including the above them, scope of application is narrow;In addition, due to the interests of the department in the process of legislation is difficult toreconcile, makes the law drafting and review of work in the past two years has been stagnant;Along with the continuous renewal of amendment of criminal law and the Supreme Courtjudicial explanation, punishment threshold gradually reduce, both how to connect is adebatable issue. Reason from considering legislation cost, realistic national conditions, andthe rule of law process, making the act of illegal behavior education correct the feasibility andnecessity of still is worth to discuss, so it will be more narrow scope of application. Starting from the cost of the legislation consideration, formulate the illegal behavior educational andcorrecting law is feasible, but not necessary.Now several major civil law countries have stipulated security punishment in thecriminal law system, and receive a good effect. But given the current situation of China’scriminal law, from the basic concept of crime is retained the regulation of both qualitative andquantitative, to join the security measures in the criminal law, means criminal law, criminalprocedural law, public security management punishment law and other laws and regulationswill be changed on a large scale, imitate the civil law countries and areas in China to developsecurity punishment in the criminal law system or set the security act alone, in the long run, isnecessary, but because of the quantity huge and the nature is difficult to locate, in a shortperiod of time, it’s not feasible.In view of the interests of the department is difficult to reconcile and legal cohesion, inthe case of Tang Hui and other major detention cases directly under the influence, to abolishthe reeducation through labor system directly instead of may are more likely to be realized,use of the existing criminal law and relevant judicial explanation, public security managementpunishment law and other vacancies on the reeducation through labor system abolished hasmature conditions. Maybe is feasible and necessary choice.As the standing committee of the National People’s Congress has not approved theabolition of the reeducation through labor system, and the new law also cannot be release,reform the reeducation through labor execution mode seems to be the only way out.According to the nature and degree of the person through illegal crime, reeducateimplementation mode can be divided into open and half open. As to select open executionmode or semi-closed execution mode, must according to the object of the age, the nature ofthe crime, for the first offense or recidivism and individual factors. Reform of executionmodel not only can get quick results in the existing reeducation through labor system, is alsounder the condition of current legislation most feasible and necessary choice.