A Study On The Problem Of "Post And Rehabilitation" In The Abandoning Of The Reeducation - Through - Labor System

As a system with Chinese characteristics-labor camp system, after half acentury of experience, finally completed its historic mission, quit the stage ofhistory. With the transformation of the economic development of the situation and thesocial system of reeducation through labor system contradictions, highlighting theproblems and criticized more and more, not only can not add luster to the community,but has become a stumbling block to the construction of social development and therule of law, and therefore must be considered development of social reality of thesituation, we can only abolished this system. But there is that is reasonable,detention system can exist in the social system in China for so long, must have itsmerits, but everything is linked to the question raised by the detention is not relyingsolely on the abolition of detention that the system can be easily solved. After theabolition of reeducation through labor system, which is to resolve issues related to thefuture work of the key.This paper describes issues related to labor camp system and its three chaptersabolished after settlement, after a brief overview of the detention system and analysis,focusing on analysis of issues related to detention after abolition, abolition of thespecific issues raised after the detention, and then propose solutions corresponding,trying to make their own recommendations to address the blank areas detentionabolished after quantitative factors in reducing the role of criminal law to reduce thethreshold of criminal offenses into the community service system introduced into ourcriminal law.Chapter One: Overview of reeducation through labor system abolished. Thissection mainly on the basis of reeducation through labor system analysis, thusreeducation through labor system have a general understanding. First introducedgeneral issue of reeducation through labor system, analyzes the concept ofreeducation through labor system, the characteristics and nature of the abolition ofdetention followed by introduction process from creation to the abolition of detention are introduced one by one to make the final abolition introduced Reflections on thesignificance of detention.Chapter2: Penal labor camp system after the abolition of Perfection. Thischapter is the key sections of this paper, for the problem raised in the previouschapter, this chapter proposed changes in criminal law and improve the proposal, thefirst to reduce the role of quantitative factors into the criminal conviction of, reducingthe threshold into the criminal offense, the future may be sentenced to reeducationthrough labor part of personnel into the Criminal Code deal. Secondly, theintroduction of community-serving system, adding new types of penalties orpunishment execution, and expand the applicable non-custodial sentence, as soon aspossible with international standards, so that our legal system more perfect.Chapter III: Research other issues after the detention regime abolished. Chaptertwo parts, the first part is mainly explained by future studies should deal with theproblem " reeducation through labor " personnel introduced this part of the staff triageapproach. The second part focuses on the whereabouts of the problem of re-educationinstitutions and their staff, institutional reforms proposed approach to detention anddetention of the police diversion conversion problems.