论教养处遇的合理性（On the rationality of reeducation）.docVIP

论教养处遇的合理性（On the rationality of reeducation） On the rationality of reeducation Author: storage Huai plant Scholar Forum At present, Chinas judicial and legal circles have begun to discuss the issue of reeducation through labor legislation after a few years of silence. Chinas reeducation through labor system, which has attracted much attention from both domestic and foreign media, has had two opposing propositions for a long time. The abolition of the theory to see the bad operation of its disadvantages: the nature of labor vague, general conditions of accommodation, the lack of supervision of the operation process, randomness, and prone to errors, violations of the legitimate rights and interests of citizens. Save the optimistic about its social effect; the system of reeducation through labor to create 40 years a total of about 3000000 education reform are all illegal and criminal acts and comply with the conditions of reeducation through labor, to meet the social security need not. The abolishment of ignoring its social effect, which is referred to as unworthy. Social efficacy and social needs can be perceived by intuition, and merely referring to social efficacy and needs does not mean proof of rationality. The phrase existing, reasonable Hagel, if reversed to reasonable, will last long, may not be criticized. The rationality of the system of reeducation through labor includes two aspects: the rationality of existence and the rationality of operation. First, the rationality of the system of reeducation through labor Provisions of the relevant legal documents, is to have the illegal detention and minor crimes but not criminal punishment or do not need to apply; however in the isolated communities on the detention period up to 3 years, 1 years to be extended when necessary. In fact, it is far more severe than the punishment and detention of the kind of punishment, is it not contradictory? It is the main reason for the rationality of the system of reeducation through