Replacing Reeducation Through Labour With Security Measures System

Reeducation through labor plays an important role in safeguarding public security, preventing and lessening legal offences and reeducating people who break laws or commit misdemeanors. However, with the advancement in China's process of governing by law and the establishment of cognition of human rights, it is increasingly recognized that reeducation through labor contains conflicts in its legal principle, deficiency in its procedures and problems in its practice. When the reforming of this system is discussed, four proposals are put forward---- administration orientation, independence orientation, crimination orientation and security measures orientation. The security measures is similar to reeducation through labor in terms of value orientation and function. It is believed in this thesis that feasibility exists that security measures replace reeducation through labors. It is, therefore, proposed that the system of enforced education and correction measures should be established and defined as an unattached law of penal security measures, that measures limiting freedom of person such as reeducation through labor, penitentiary measures, penitentiary education, coercive abstinence from drugs should be regarded as the part of the enforced education and correction measures. The thesis consists of introduction, conclusion and body which contain 5 chapters.In the first chapter, a review is briefed on the evolution and current situation of reeducation through labor.In the second chapter, problems of reeducation through labor have been analyzed which includes the unsound ground of its validity, deficiency of its legal status, its deviation from the principle of governing by law, the lack of safeguarding human rights, conflicts with obligations stipulated by international human rights pact.The third chapter , includes value analysis of reeducation through labor, introduction and evaluation of the four reforming proposals--- administration orientation, independence orientation, crimination orientation and security measures orientation.The forth chapter, introduces theory and legislation of security measures.