刍议中国劳动教养制度的改革与完善.pdf

Abstract The Reeducation through labor is a unique legal system in China, which plays an important role in safeguarding social stability and preventing criminal offence. In recent years, there have been a lot of theoretical arguments regarding the reform of the labor re-education system without yet concluding the generally accepted last word. Based on relevant criminal judicial theories and the practice of reeducation through labor, this article sets out to provide analysis of the re-educated objects, reviews major viewpoints on the reform of the system of reeducation through labor, and consequently puts forth the corresponding legislation proposals. The first part of this article analyzes the development of the re-educated objects since the establishment of the system of reeducation through labor, especially after the Reform and Opening-up through the following three aspects: the development of legislation on the re-educated objects; the changing trend of the amount of the re-educated objects; and the development trend of the composition variety of the people undergoing reeducation through labor. From the aspect of legislation, the targets of reeducation through labor developed from the “four categories” as provided in the Decision of State Council on the Reeducation Through Labor Issues at the beginning of its establishment, to the “six categories” as specified in the Interim Measures of State Counsel on Reeducation Through Labor in 1982, and then to the “45 Types of Actions out of 10 categories” streamlined in the Provisions on Dealing with Reeducation Through Labor by Organs of Public Security at the beginning of new century. From the aspect of