Transcript
BOOK EXCERPT:
This excerpt is from Chapter 7 of Liu Renwen's book Criminal Policy (2004), and it is reproduced by permission of the Chinese People's Public Security University.
The system of reeducation through labor was established in August 1955 (Communist China was founded in 1949). In the latter part of 1955, on the basis of important victories scored in a nation-wide movement to suppress counterrevolutionary elements, a large-scale movement was launched within the government organs to eliminate those counterrevolutionary elements in hiding. On August 25, 1955, the Central Committee of the Communist Party issued the "Order to Thoroughly Wipe out Counterrevolutionary Elements in Hiding." This order clearly pointed out that: "With regard to the counterrevolutionary elements and other bad elements who have been found out in the movement, some of them will receive the death penalty. Others will stay on in their original posts because their crimes are not serious enough, they have confessed their crimes thoroughly or they have performed meritorious acts to atone for their crimes. In addition, there are two other ways of handling their cases. The first is to send them to reform through labor after sentencing. The second is to send them to reeducation through labor. The latter applies to those who cannot be sentenced because their crimes are not serious enough, but cannot remain in their original posts because of political considerations. If released into society, these people will increase the unemployment rate. Because this is not a form of sentencing, these people don't lose their complete freedom. However, they should be concentrated in specific places to work for the state and receive a certain amount of pay from the state." This was the first order regarding reeducation through labor issued by the Central Committee of the Party.
On January 1, 1956, the Central Committee of the Party once again issued the "Order for all Provinces and Municipal Governments to Make Immediate Preparations for the Establishment of Institutions for Reeducation through Labor." This order contained principled provisions on the nature, task, guiding principle, the authority to approve, the leadership and the management regarding the system of reeducation through reform. After that, institutions for reeducation through labor were successively established all over the country. The system of reeducation through labor was thus born in China. On August 1, 1957, with the approval of the Standing Committee of the National People's Congress, the State Council issued the "Decision on the Question of Reeducation through Labor." This was China's first set of laws on reeducation through labor. However, due to the influence of erroneous " leftist" ideological trends, not long after the issuance of this set of laws, the work of reeducation through labor overstepped its scope as stipulated by law. The provisions on the authority to approve and other relevant procedures were not strictly adhered to.
Read the complete book excerpt (PDF—108kb)
View Full Transcript »