| Summary: | 碩士 === 國立臺灣大學 === 國家發展研究所 === 95 === The reeducation-through-labor system of China was started in the 1950th, a special counter right-wing and counter-revolutionary period. At first it was used to cope with the counter-revolutionists that were discovered, but until now it has been practicing for fifty years long. As the amendment and maturity of criminal law and criminal procedure law, which put emphasizes on human rights, the promulgation and implementation of legislation and administrative punishment law, and ruling by law and building a socialist country became important policies and were put into the 15th national congress of the Chinese communist party and the constitution, China’s social history conditions have changed dramatically, and the social foundations of building a reeducation-through-labor system no longer existed. Many flaws of the reeducation-through-labor system have become an obstacle of protecting human rights and have disobeyed the concept of justice. This has become an important practical issue in China.
Along with the development of China’s market economy, their social structure has changed and therefore has exposed the improper and unreasonable characteristics of the reeducation-through-labor system. Although the reeducation-through-labor system has certain effectiveness as a method to maintain a country’s political governance and social order, the price is to sacrifice individual’s freedom and rights. The effectiveness cannot erase the improper and unreasonable characteristics of reeducation-through-labor system. Therefore, we cannot study the reeducation-through-labor system only in the case of its social effectiveness and demands but also its inside proper value.
The research method used in this paper is mainly document method supplemented by comparative method and case study method. The research approaches are history approach, social law approach, and decision-making approach. We first longitudinally find why reeducation-through-labor system changed from its history. Then crosswisely study the reeducation-through-labor system itself, its establishment, and the social reasons for its changes. Finally, search for the integration of traditional legal norm and political behaviorism and make value judgment, fact judgment, and consequence judgment by decision-making approach.
As a result, this paper starts from the historical side of reeducation-through-labor. After understanding how and why reeducation-through-labor system is built and changed, we analyze its flaws more deeply and whether this system should exist. We have five findings from this analysis. First, the value and the reason for reeducation-through-labor to change at every stage is order. Second, the process of its changes is from political reeducation-through-labor system to mixed reeducation-through-labor system, and then to social reeducation-through-labor system. Third, the meaning of the proposition “illegal behavior correction law” is order. Forth, the reason for reeducation-through-labor system to exist for fifty years ling is its value issue. Fifth, the resistance China faces while encouraging the legislating for reeducation-through-labor system is waiting to be solved, and we suggest that the future goal for the legislation for the reeducation-through-labor system should be its judicature.
|
|---|
