Research On The Difficulties And Outlets Of Reeducation Through Labor

On December28th2013, the Standing Committee of Sixth National People’s Congress Twelfth meeting adopted a decision on the abolition of labor education law; a decision that means the58years of reeducation through labor system in our country shall officially ended its mission.More than half a century, the system of reeducation has made many contributions on the country’s social stability and harmony. However, due to the institutional defects and their own existence in practice gradually alienated, the system of reeducation through labor violations of human rights, conflict with the constitution, the law and even the international convention on one side is more and more obviously and finally toward the end. After the education-through-labor system was abolished, the huge legal vacuum will cause confusion and secondary violations of human rights. How to regulate "the era of post-reeducation through labor" and "post-education through labor system" has become a new problem in front of each individual. This paper is divided into five parts to illustrate this problem.Chapter One:the view of human rights under the background of the education-through-labor system, this chapter can be divided into two sections.The first section, the concept of human rights, examines the human rights of crime under the background of international human rights conventions;The second section, the relationship between the system of reeducation through labor and human rights protection; in the section first carried out an overview of reeducation through labor system, then analyzes the birth and development of historical process of reeducation through labor system, finally clarify the dialectical relationship between education through labor system and human rights protection.Chapter Two:The main dilemma of reeducation through labor system.The first section, research on the nature of reeducation through labor and the purpose of legislative;The second section, analysis the conflict of the authority structure in reeducation through labor system, indicate the primary cause of reeducation through labor system alienation lies in the excessive expansion of police powers.The third section, reeducation through labor system in conflict with the constitutional concept of the modern, this section mainly discusses the system of reeducation through labor and procedural justice, incompatible with the principle of proportionality and other conflicts.Chapter Three:the disputes on the theoretical of reeducation through labor system The first section, the reeducation through labor system abolished theory;The second section, introduce the reeducation through labor system reserved theory.The third section, analyze on the reeducation through labor system abolished theory and the reeducation through labor system abolished theory.Chapter Four:The core parts of this paper, the reform conceive of the system of reeducation through labor. Introduce the reform conceive of reeducation through labor system in order to prevent "post-education through labor system" step on the posterior reeducation through labor system.The first section, introduce the bottom line of reeducation through labor;The second section, introduce the reeducation through labor system diversion programs for different objects, which describes the reeducation through labor system and the risk of personal theory.The third section, the main content is the specific reform plan of reeducation through labor system, is use the model of judicial reform, while pay focus on the separation of decision, enforcement and supervision.