The Study On The Convergence Between The Penalty And Administrative Penalty After The Abolishment Of The System Of Revolving Labor

The system of reeducation through labor is the educational and corrective measures that force a part of people who do not constitute a criminal offense to work and transform the applicable objects by restricting the personal freedom.The system was emerged in China in 1950s.The historical background is based on the new political power of the people’s democratic dictatorship in the twentieth Century.The system of the political system with the core of class struggle was introduced by the Soviet Union against the counter revolutionary and anti social elements of the time.This system was quite feasible in the special historical period,and the effect was also very significant.But in the middle and later period of the system of reeducation through labor,with the shift of the focus of national policy,the defects of reeducation through labor system and kinds of social problems that aimed to apply to the system of reeducation through labor in the middle and later period began to appear.In the critical period of social transformation that the country is facing at present,the rationality of reeducation through labor system begin to be questioned and criticized by the public itself due to its inherent defects.And from a macro point of view,this system does not conform to the concept of governing the country.So the state abolished the system in 2013.After the abolition of the system of reeducation through labor,China began to enter the era of post-reeducation through labor age.The abolition of reeducation through labor system is a milestone in the promotion of the rule of law in China,but not once and for all.On the contrary,after the abolishment of the reeducation through labor system,the judicial environment in our country is facing a series of problems to be solved.The main problem is how to regulate the behavior of the reeducation through labor system after the abolishment of the reeducation through labor system;How to manage and restrain the personnel of the system of reeducation through labor.In the past,the sanction system of our country was "administrative punishment--reeducation through labor--punishment",but after the abolition of reeducation through labor system,it became the two sanctions system of "administrative penalty-punishment".It can be seen that there are not only some problems in the actual enforcement of the law,but also some certain gap in the middle of the administrative penalty system and the penalty system after the abolishment of the reeducation through labor system.Then,how should we deal with the connection problems between administrative punishment and penalty after the abolishment of the system of reeducation through labor?Based on the unique political background and the purpose of the system of reeducation through labor,we can draw a conclusion that the system of reeducation through labor is a unique educational correction system in our country.At the same time,it is precisely because of this reason that the theoretical study on the system of reeducation through labor is also concentrated in our country.At present,China’s judicial practice and theoretical circles have launched a study on the construction of the system of the connection between the penalty and the administrative penalty in the period of post labor reeducation.Firstly,the theory of’expand the crime circle’.That is,the adjustment of reeducation through labor system will be included in the adjustment range of criminal law.Secondly,replace the independent system with the substitution theory,and advocate the introduction or construction of an independent system to replace the system of reeducation through labor.Thirdly,two diversion sanctions.Combine the behavior of reeducation through labor with a certain number of factors to measure,and incorporate these acts into the two systems of administrative penalties and penalties.At present,these three views all have a special place in the theoretical circles of our country.In this paper,the author will give a detailed introduction to these kinds of views in the academic circles and judicial practice circles,and the author will review the function and feasibility of the theory on the basis of this.Then put forward the author’s point of view to explore a legal structure to ensure that China’s current legal system remains unchanged as the premise of safeguarding the stability of the penalty system and administrative punishment system better.In order to ensure the smooth transition and scientific convergence of the two systems of punishment and administrative punishment,discuss from the three aspects of system construction like legislative,judicial,law enforcement,and finally,come up with a practical reform program which accords with the rule of law and the law of construction.