On The Rehabilitation Through Labor Of Our Country

The rehabilitation through labor at present in China immediately voided with the international agreements which China has sighed, Constitution, Legislation law, administration punishment law, its position and essence was not cleared as so by law, lack of procedure rules, these resulted to some defaults in practical usage. But the specific education and affect functions and individual principles of present rehabilitation through labor in China and structure default of criminal law resulted to independent social value of rehabilitation through labor. There are three reasons to explain the necessity from the angle of social need, one is the structure default of criminal law which gives the rehabilitation through labor a position, second, there are four region away our country's criminal law, which are left by present juridical system, the third is it should be in effect for a long time from the criminal nullification theory. The social need is internal reason of the preservation of rehabilitation through labor, the legal problem are only superficial and skillful, and can be re-constructed through systems build.