Reeducation through labor is an administrative measure to implement compulsory education for those who have been reeducated through labor. Founded in 1950s, it was an important decision made by the Party and the government according to China's national conditions and social and historical conditions at that time.
1In August, 957, the 78th meeting of the National People's Congress Standing Committee (NPCSC) approved the Decision of the State Council on Reeducation through Labor, which marked the initial integration of reeducation through labor into the legal track. At the beginning of its establishment, the reeducation-through-labor system has both the functions of educational correction and reception and placement.
During the "Cultural Revolution", the system of reeducation through labor ceased to be implemented. 1979 The 12th meeting of the 5th the National People's Congress Standing Committee (NPCSC) approved the Supplementary Provisions of the State Council on Reeducation through Labor, which clarified the approval, management, duration and supervision of reeducation through labor.
Since then, the National People's Congress Standing Committee (NPCSC) and the State Council have promulgated a series of laws, regulations and normative documents, especially the Administrative Procedure Law, the Administrative Reconsideration Law, the Public Security Administration Punishment Law and the Drug Control Law, which have supplemented, adjusted and improved the reeducation-through-labor system.
It can be said that for those minor crimes that are subjective and vicious, but fail to meet the requirements of the crime quantification standard, and can neither be given criminal punishment nor be punished for public security, reeducation through labor is given, which creatively solves the defects in the criminal law structure and the shortcomings in the degree of public security management punishment.
The system of reeducation through labor has played a historic and important role in maintaining social order, ensuring social stability, and educating and saving criminals since it was established more than 50 years ago.
In recent years, with the rapid development of China's economy and society, with the continuous acceleration of the process of governing the country according to law, China's legal system has been further improved through unremitting efforts in all aspects.
The laws dealing with illegal crimes have been continuously improved and organically connected, the function of reeducation through labor has been gradually replaced by relevant legal systems, the application of reeducation through labor has been reduced year by year or even basically stopped, and the social consciousness of abolishing the reeducation through labor system has gradually formed, and the time is ripe.
According to the law, the system of reeducation through labor should be abolished by the State Council and the National People's Congress Standing Committee (NPCSC) through legal procedures.
Generally speaking, it is necessary and feasible to abolish the system of reeducation through labor, which is an inevitable requirement for implementing the general plan of governing the country according to law, an important embodiment of strengthening the management of a society ruled by law, and an inevitable choice for social development and progress.
What needs to be emphasized is that in order to protect the legitimate interests of the broad masses of the people from the illegal acts of criminals, China needs to improve the laws to punish and correct illegal and criminal acts.
Extended data:
The influence of abolishing reeducation through labor;
1, Ren: This day has finally come.
At 7 o'clock last night, the reporter got in touch with Ren. Ren is a college student village official in Chongqing.
On September 23, 20 1 1, Chongqing Municipal Labor Education Committee decided that he had made inappropriate remarks through the Internet and made a decision to reeducation through labor for two years.
On August 5, 20 12, his father filed an administrative lawsuit with the court, demanding that the decision on reeducation through labor be revoked. On the day before the trial, Chongqing Reeducation through Labor Committee revoked Ren's decision on reeducation through labor on the grounds of "improper handling".
Ren said that from the day he was released, he had been looking forward to the abolition of the system of reeducation through labor. Ren waited for more than a year and two months from regaining his freedom to abolishing the system of reeducation through labor. Ren Yujian said that he was glad that the system of reeducation through labor was abolished.
After gaining his freedom, Ren filed a lawsuit with Chongqing No.3 Intermediate People's Court and Chongqing High Court, demanding that the reeducation-through-labor decision made by Chongqing Municipal Education Commission be revoked, but all the claims were rejected.
Regarding the central government's decision to cancel the reeducation-through-labor system, Ren said that he would contact the attorney to discuss and decide whether to continue the complaint.
After half a year or a year, at most two years, the reeducation-through-labor period is completed, the relevant personnel will leave, and reeducation-through-labor will naturally die out.
2. Abolishing the system of reeducation through labor is a great progress.
Last night, Wang Gongyi, director of the research office of the Ministry of Justice and director of the Judicial Research Institute, said: "It is a good thing to abolish the system of reeducation through labor." .
Wang Gongyi said that there are two major problems in abolishing reeducation through labor. First, since the enactment of the legislative law in 2000, reeducation through labor has been illegal.
Before 2000, it was not illegal. As soon as the Legislative Law was promulgated in 2000, the restriction of personal freedom must be determined by law, and the administrative organ has no right to restrict personal freedom. Second, the decision on reeducation through labor is not judicialized. It was not tried by the court, but decided by the public security organ. The reeducation-through-labor committee didn't play its role, and it was the public security family that had the final say in restricting personal freedom. "These two defects led to the petitioners being re-educated through labor and retaliated.
Abolishing the system of reeducation through labor is a great progress in safeguarding human rights in China. "
In recent years, Ma Huaide, vice president of China University of Political Science and Law, and other legal experts and scholars have been calling for the abolition of the reeducation-through-labor system. In an interview with reporters, Ma Huaide said that the reeducation-through-labor system is relatively long in terms of the duration of reeducation-through-labor, and it is no different from criminal punishment. Places of reeducation through labor also tend to be prisons, which is not conducive to the reform of reeducation through labor.
Leave after the expiration of reeducation through labor.
Wang Gongyi said that in recent years, the reeducation-through-labor bureau has focused on drug rehabilitation. "Restructuring is no problem. At present, the reeducation through labor bureau and the drug rehabilitation center are two brands. "
Wang Gongyi said that at present, most people in reeducation-through-labor places are drug addicts, with nearly 200,000 drug addicts and only 20,000 to 30,000 reeducation-through-labor workers. There is no problem in restructuring, and there are no reeducation-through-labor personnel. Just take off the sign of the reeducation-through-labor bureau, hang up the sign of the drug rehabilitation center and transfer directly to the drug rehabilitation center. In recent years, most places of reeducation through labor have been changed into drug rehabilitation centers, and only a few have not changed.
"After half a year, up to two years, the relevant personnel will leave after the expiration of the reeducation through labor, and the reeducation through labor will naturally disappear."
For the released prisoners, Ma Huaide suggested that the reeducation-through-labor camp should take the community as the unit, because the community education has the best effect, so that the inmates can go home.
We can also consider the institutionalization of reeducation-through-labor places, mainly for some minors, so that they can receive education in special schools. For those who take drugs and get sexually transmitted diseases due to prostitution, we can consider the place of reeducation through labor.
People's Daily Online: The abolition of the reeducation-through-labor system has aroused great repercussions.
People's Daily Online: Interpretation of the Decision of the Third Plenary Session of the 18th CPC Central Committee: Why should the system of reeducation through labor be abolished?