On The Reeducation - Through - Labor System In Terms Of Criminal Law

The core of criminal rule of law is human rights protection, of which the basic content is the demand of procedure justice, i.e. substantive justice and procedure justice. This thesis tends to explore the approaches to reform labor education and rehabilitation system of China with the purpose to offer beneficial references to our criminal rule of law construction.The whole thesis is composed of four chapters. Chapter One gives a brief introduction of the development of our labor education and rehabilitation system, with a deep study of the present situation of education and rehabilitation from the angles of its applying object, scope, time limit, organization and procedures. Chapter Two introduces the historical and reality effect achieved by education and rehabilitation system, and acknowledges its existing validity; however, due to the problems existed in its substance, proof and procedures, it's necessary to reform education and rehabilitation system. Chapter Three is the introduction of foreign education and rehabilitation system, including security punishment, minor offense and juvenile judicature. By comparison and contrast of the native education and rehabilitation system with the abroad, acknowledging the similarities of the two in applying act, object and functions, therefore, offers some beneficial significance. Chapter Four is about the change of education and rehabilitation system. By analyzing the present education and rehabilitation system, this chapter formulates the writer's redefinition of the nature of education and rehabilitation and puts forward the concrete pattern of correct procedures of education and rehabilitation system: applied by public security organization, adjudicated by People's Court, supervised by People's Procuratorate, and executed by judicial administrative organization.