Thinking About Reform Of The Reeducation Through Labor System

The system of reeducation through labor was established for thoroughly getting rid of hidden counterrevolutionists after the People's Republic of China was founded at the beginning of its emergence. Nowadays, it has become a kind of reformatory education measure which assists punishment and public security penalties and is relatively independent through development. Its emergence and development have a certain historic inevitability. Furthermore, the system of reeducation through labor has played a positive and important role in specific historical period of our country. However, with the gradual establishment of the system of administering a country according to law, the requirements of the masses on democratic rules of law is improving day by day. Especially, the problems of human rights, fair and justice procedure, etc. are attached importance to and strengthened in legislative activities of all the countries day by day. Many problems existing in the system of reeducation through labor of our country have been very conspicuous such as the contradiction of juristic theory, shortcomings of implementation procedures, problems of practice and operation and so on. Therefore, making the system of reeducation through labor of our country which doesn't adapt to realistic requirements radiate new vitality needs further reform and perfection in legislation of the system of reeducation through labor in order to gradually establish reeducation through labor system with the unique features of China.Scholars make a lot of good suggestions on how to reform and improve reeducation-through-labor so it can meet the needs of China' s ratifying Two Conventions on International Human Rights and the needs of building China' s socialist law-ruling country. There are three main view points in academic circle. The first is to preserve reeducation-through-labor. These condis to discard reeducation-through-labor. The third is to transform reeducation-through-labor into systems like security punishment. Since I took up administrative work in reeducation-through-labor. I have been collecting and reading relevant books and essays, and have got a more profound understanding on reeducation-through-labor. I hold that the basic reason to decide whether a legal system should be preserved or discarded is whether the problems the system solves are necessary.The thesis expounds historical formation and development of the system of reeducation through labor and makes comparative research with relative systems of foreign counties. Through this kind of comparison, the thesis explains the realistic shortcomings existing in the system of reeducation through labor. In addition, the author attaches importance to discuss value orientation of the legislation of the system and gives simple discussion and research on the disputed problems such as reform and perfection of legislation of the system of our country at present and expresses his own opinion in order to be a little benefit for completing the system of reeducation through labor of our country.