Discusses The Education-through-labor System And The Reform

The legal system of reeducation through labor in the50years of ups and downs in education and successfully saved a large number of correctional officers working in a stable social order, crime prevention and reduction played an important role. Development and social progress with the times, its problems and shortcomings gradually revealed, has been unable to meet the needs of today’s rule of law. In recent years, the community how the system of reeducation through labor reforms put forward a number of programs can be divided into "the abolition of the" and "Keep On" factions This paper advocates the adoption of legislation in the form of reeducation through labor system be reformed, while retaining the function on the basis of reeducation through labor to be improved to meet current social needs. The main contents include:First, the labor system and its role in the legal process. Education through labor is established under the special historical period of a legal system to the State Council promulgated in1957,"the decision on the issue of reeducation through labor" as the official logo created. After the initial development phase, the basic education through labor during the Cultural Revolution to a standstill, In1982, the State Council transmitted the Ministry of Public Security’s "labor education pilot scheme," Since then, labor system embarked on a path of normal development. After years of change, the current labor system has many different times with the creation. But in terms of its role, no matter at what stage, reeducation through labor system have played a significant social role and value.Second, deficiencies in the system of reeducation through labor. Legal nature is not clear, the law does not establish a scientific system is their main weakness. In addition, the approval process unfair, the lack of monitoring mechanisms, and relief channels are not clear, the responsibility for such penalty is too big controversial issue.Third, the abolition of the reeducation through labor dispute. On the existence of the system of reeducation through labor dispute with the waste, the author advocates dispute should be put aside literally, from the real sense of the thinking about how to reform education through labor system, to enable it to meet our current legal system of society. RTL should be retained on the basis of social function, to reform and perfect the labor system more in line with the actual needs of modern social development, and more reflect the protection of civil rights and the balance of interests of the community to play a greater role in society.Fourth, the way the system of reeducation through labor. The author argues that established an independent administrative penalties and criminal penalties in addition to legal punishment, and introduce proper judicial process, the labor re-education exercise of discretion by the court, so that judicial decision-making process, implement management based on law, it is improve and perfect the practical needs of reeducation through labor system, but also realize the need for the rule of law.For the system of reeducation through labor reform and improvement, we also present specific suggestions:First, to clarify their legal nature of a compulsory educational measures. Secondly, with regard to the name of reeducation through labor legislation, the paper in favor of illegal treatment method instead of reeducation through labor law. Not only the legal name of the more scientific, but also reflect its rich content. Construction of the concrete system, the focus on solving for the object and scope, duration, draw and approval procedures, legal supervision, and legal remedies and other issues.In short, this article attempts to explore and study in depth, so that labor system more in line with modern social, economic, political, cultural and practical needs of social development in the new period of history to play a new and greater crimes prevention and control role.