The Reform And Perfection Of System Of Reeducation Through Labor

The system is one kind of historical products. Therefore, as a Chinese unique law system, the reeducation -through-labor system was fostered and established during the specific historical period, and has played a vital role in satisfying the political and social security requirements. The system is also one kind of social products, therefore, as times go and history progresses, the reeducation -through-labor system has incurred massive questioning due to its self-contradict in law principle, pitfalls in procedure and loophole in practice, as a result, it has become the focus of public opinion and law theory study and the difficult point of system innovation. The paper altogether divides four partsThe article, with the reeducation -through-labor system reform in China as the main point, is to study the status quo of reeducation -through-labor system and analyze the necessity of its governing by law reform and judiciary reform. After it having dissected the flaws of the system and compared and analyzed the present reform models, some applicable and practical reform schemas were brought forward to be used as references to resolve the problems of the system.In the first part, the evolution process of the reeducation -through-labor is depicted, including its objects, scope, examination and approval institution, time limit and regulatory body, in which its per se pitfalls are exposed inevitably since the system is one kind of historical product in nature and the times are going further unceasingly.. At the same time, form the angles of social needs and the existent legal space; the article elaborates existence rationality of the system, and then proposes the reeducation -through-labor system be reserved and not be abolished, but the necessary reform and consummation measures should be carried out accordingly to it.In the following part of the article, we can see that more and more queries appeared to the system due to the per se loopholes. Regarding to this situation, the article elaborates the these kinds of loopholes of the present system, including the ambiguous legal nature of indoctrination through labor, the legislation contradiction and conflict, no specific indoctrination objects and lack of procedure restriction, and the impact of these loopholes on the practice of law execution theoretically and practically. Following the previous elaboration, the core part of the article, reform and the consummation of reeducation -through-labor system, is proposed.In term of the nature of the system, the article carried out a thorough study and comparison among the popular doctrines about the nature of the reeducation -through-labor, and redefines the nature and the object of the system, namely the reeducation -through-labor is a judicatory (security) penalty and non-criminal penalty through which the state can prevent and reduce illegal crime commitment, maintain the social order take measures of restricting personal freedom and rectifying, educating and rehabilitating on certain persons who violate the public security regulations and refuse to mend their way despite repeated admonition, or who commit a so slight crime that is insufficient to be imposed a crime penalty. Its objects include the behavior that violates the public security regulations and fails to be mended despite repeated admonition, and is very dangerous to others' body, meanwhile is up to the reeducation -through-labor condition, and the behavior that has violated the criminal law, but its plot being obviously slight, and is very dangerous to others' body, and is insufficient or no need to give criminal sanction, meanwhile is up to the reeducation -through-labor condition.In the end, on the basis of the analysis of the reform pattern of current reeducation -through-labor, the article proposes that other country's pattern of non-criminal penalty be taken as reference, and the reeducation -through-labor system be taken as one of the non-criminal penalty measures. In some specific chapter of the criminal law, corresponding non-criminal penalty measures for the reeducation -through-labor should be stipulated, and it should be brought into Penal Code and be legalized by the way of independent legislation.