Research On The Reform And Development For The System Of Reeducation Through Labor

Since 1955, the System of Reeducation Through Labor has taken an history of more than 50 years in China, and has caused more and more blame during the years. This article mainly focus on the objective evaluation of the system, revealing the basic reasons of the plight of the system, and giving some feasible reform programs.There are five parts in this article. The first part of this article major in the descriptions of the basic contents of the System of Reeducation Through Labor. Firstly, we reviewed the diversifying history of the System, and divided it in 4 stages based on its role in the history: Infancy, Appearance, Development and Reflection. The 4 stages sketched out the evolution of the System from the "relief" purpose to "punishment" purpose. Then, the article analyzes the applications and the elements of the existing System of Reeducation Through Labor: actors, behaviors, criterions, etc. , with further descriptions of the procedure of reeducation, and the relief mechanism.The second part of this article aims at the reflection and evaluation of the System of Reeducation Through Labor. We firstly analyzes the value orientation of the system, and pointed out that one-sided pursuit in the protection of society of the current System of Reeducation Through Labor has become increasingly prominent, and the political and the social environmental correctness have gradually disappeared. Secondly, with the summary of different academic views on the nature of the System of Reeducation Through Labor, we concluded two fields: Reality and Ought to be. According to the article, the discussions in Ought to be field could not change the objective nature of existing System of Reeducation Through Labor as a kind of administrative penalties. Then, we analyzes the similarities and differences between the System of Reeducation Through Labor and foreign security punishment systems, and the conflictions between the System of Reeducation Through Labor and International Human Rights Conventions. On this basis, we analyzed of the worth and the plights of the System. With the considering of human rights and the rule of law, The System of Reeducation Through Labor should be fundamental reform, instead of abolished. This brought a long-term deep plight of it.The third section of the article aims to rationalize the reform ideas of the System of Reeducation Through Labor. Firstly, we stress the necessity of reform of the system by 4 reasons: lacking of predictability, violating to the principle of proportionality, lacking of neutrality judge, lacking of supervision and control mechanisms. Secondly, we analyzes the reform ideas and practical exploration of the system from scholars and practitioners. With the analysis of some one-sidedness views such as completely abolish the system or due it as security punishment, we conclude that, the improving of existing system and the establishing of a new reeducation system is the only way of the reform and it becomes the most practical feasible options for reform.We chosen the institutional tentative plan of the "Act of Rectifications and Reeducations aim at violations" as the fourth part of this article. And that's our conclusion as well. With the considering of the name, natures, approving authority, applicable target, procedure, duration and enforcement and other issues of rectifications and reeducations, we illustrated the updating in nature, improving in legislative, setting up of institutional, the distribution of functions and some other issues concern to the reform of the System of Reeducation Through Labor.According to the article, as an alternative treatment of the System of Reeducation Through Labor, the system of rectifications and reeducations , should return to the administrative properties of "educating and correcting", which were set up at the beginning of the former system. The "Act of Rectifications and Reeducations aim at violations" should be classified as an administrative measure that designed to educate the offenders and eliminate their dangerousness. And it can just be used for the repeated offenses. Based on this, its name should be "Act of rectifications and reeducations aim at repeated violations". And, the system should be designed to ensure that the educations and corrections committee play a substantial role as an authorized agency. The procedures of approving and supervising should be fair, and should be designed to protect the rights of suspects, so that ensure the suspects can make necessary statements and explanations.