A Study On The Alternative System Of Labor Education In China

The Standing Committee of the National People’s Congress has passed thedecision on the abolition of the relevant provisions of the law of reeducation throughlabor at the sixth meeting of the twelfth session of the Standing Committee of theNational people’s Congress, which is the sign that the system of reeducation throughlabor implemented for fifty-eight years has been abolished officially from theperspective of law. And it also reached a conclusion of the discussion on the systemof reeducation through labor keeping or abolishing. However, the abolition in formcannot solve the problems in practice thoroughly. For example, how to regulate illegalactivities and minor crime? How to arrange for more than ten thousand staffs workingin labor institutions? How to make reasonable use for existing three hundred and fiftylabor campuses? How to fill measures vacancy for the public security department andit will appear a new system that similar to reeducation through labor system? Whatabout these systems that similar to reeducation through labor system? These questionsmentioned above will be an urgent problem to be solved in academic fields and inpractical circles.The author believes that it is hard to solve these problems under the frameworkin current. And the most feasible and economical scheme is to construct an alternativesystem for reeducation through labor system. At present in academic filed the choiceof this system mainly still keep three ways to establish Chinese misdemeanor system,Chinese security punishment system and the community correction instead ofreeducation through labor. Although there are similar places between the system ofreeducation through labor and other systems established in different socialenvironment, the obvious differences still are saved. Because these systems abovementioned all are hard to replace the system reeducation through labor’s functions.Therefore, we should create a new system, based on the national actual conditions andcombing various systems’ advantages, which conforms to the requirements of thesocialist ideas about the rule of the law, integrate its system with system of socialistlaws, and conform to the trend of international legislation. The most suitable system to replace reeducation through labor system isconstructing education and correcting system on illegal behaviors, which is based onsubstantial laws on the condition of applying in procedure laws and guarantee forimplementations socialization and individualization. Not only it is the best way tosolve problems of be lacking legal basis, violating phenomenon of human rightsseriously, also it could overcome the legacy of reeducation through labor system andsolve problems induced by reeducation through labor system.This paper consists of three parts-introduction, body and conclusion. The bodyof paper could divide into these parts.The first part mainly pointed out a series of problems causing by abolition ofreeducation through labor system. The second part is making an introduction ofseveral alternative assessment at present. And through making comparing withreeducation through labor system, we try to point out these assessments cannot beadjusted with national conditions. Even it is hard to replace reeducation through laborsystem independently, but we also can learn and use successful experience from sometheories and ideas and practical experiences. Nowadays there are Chinesemisdemeanor system, Chinese security punishment system and the communitycorrection could take place of reeducation through labor system.The third part put forward specific ideas to construct the reeducation throughlabor system in China on the basis of previous two chapters. It is mainly illustratefrom the entity, procedure and implementation. The entity part includes location,nature and function of the alternative system, the applicable conditions, applicableobject, applicable scope and duration. The procedure part includes participants oftaking part in education and correction of violations procedure, education andcorrection of violations trial decision procedure, relief and supervision procedures.The issues on the implementation system education and correction of illegal behavioralso be concluded.