Study On The Criminal Law Modest Expansion Afterthe Abolishment Of The System Of Reeducation Through Labor

On December 28, 2013, the standing committee of the National People’s Congress formally adopted the decision “repeal the laws and regulations related to the system of reeducation through labor ". It marks the implementation 58 years of the system of reeducation through labor was finally die in China. Although the RTL system was abolished, but it’s objects hadn’t disappear. How to effectively solve the problem of social management? China’s criminal law should expand? How to moderate expansion? Those are questions.This article is divided into four parts.The first part: introduction. The author discusses the writing background of this article, the significance of the research, and the research methods in the writing process. In this paper, the structure According to this logical order: put forward the problems, then demonstrate it, and finally solve it.The second part: The social reality after the RTL system was abolished. In the history of the RTL system, Different stages through its objects were different also. After the RTL system was abolished, a blank of administration was formed on social security. There was a structural defect in the existing legal sanctions. For this management of blank, Scholars put forward a lot of methods to make up. Mainly including: Security administration mode, Criminal mode, Judicial mode and special system mode.The third part: Criminal law must be expansion after the RTL system was abolished, but should be a modest expansion. Through the discussion of the advantages and disadvantages above all kinds of patterns, Come to the conclusion that Criminal law should be moderate expansion. Adhere to the tolerance of Criminal law, and preventing excessive crime. At the same time, there has been a modest expansion of the criminal law on criminal legislation. "Criminal law amendment(8)" had a reality of the moderate expansion, for the abolition of RTL prepared ahead of time. “The draft amendment of criminal law(9)” attention the continuous in the law after the RTL system was abolished. Several judicial interpretations were released in 2014, including more behaviors into the scope of crime. In addition, the detention places and management provides realistic foundation for expansion.The last part: Specific measures of the modest expansion of Criminal law after the RTL system were abolished. The author puts forward two solutions. One is the forward plan: systematic Adjust of the criminal law. The other is the recent plan: minor repair under criminal law possess.