A Research Of The Check And Supervision System For Carrying Out Reeducation Through Labor

The reeducation through labor is one kind of peculiar legal systems of China that do forced education to criminals. Carrying out the reeducation through labor is a progress that the department have right of reeducation through labor to correct the illegal activities to criminals. Since half a century, we have educated, persuaded and saved large quantities of criminals through carrying out the system of reeducation through labor, in order to consolidate the new people's democratic right, play a very important role to promote socialism to run the country according to law. However, the carrying out reeducation through labor has not totally met the needs of our country's legal progress, lacking check and supervision in the course of carrying out reeducation through labor, therefore, power corruption influences social justice in the process of reeducation through labor, encroaching on the people's rights and interests, which does not accord with the trend of development for paying attention to protect human rights day by day. Through investigating history and reality of carrying out the system of reeducation through labor of our country, analyze its insufficient theory and practice, take a view which combined with reality from the ideal, this paper have boldly imagined to explore the route and method of setting up the reeducation through labor system.This paper is divided into four parts altogether:First part has briefly summarized the forming of reeducation through labor system, which summarizes the concept, nature and characteristic of the reeducation through labor. The paper summarizes the legal status of carrying out reeducation through labor and makes important analysis for the existing problems for carrying out reeducation through labor in working practice.Second part has made detail analysis and discussion for the necessity, feasibility and reality of using check and supervision to the reeducation through labor in a way that combined with the theory and reality.The third part has briefly summarized the current situation of the legislation for carrying out the reeducation through labor, and compared its system to similar system of foreign countries. The paper has summarized the puzzle caused by lacking supervision for the reeducation through labor, and has deeply made analysis and discussion to the reason caused this situation. The paper has also made analysis and discussion to the lacking and reason for carrying out check and supervision during reeducation through labor at present.The fourth part has especially put forward the idea of carrying out the supervisory system during the reeducation through labor, and has carried on the bold imagination from legislative principle, guidelines,concrete system, and relevant measure and procedure, while pointing out that we should use check and supervision in the reeducation through labor as soon as possible, perfect the legitimacy and rationality of the system of the reeducation through labor constantly, and finally realize structuring the society in order and justice.