What basic principles of the law does the reeducation through labor system violate?

The reeducation through labor system violates the Constitution, the Legislative Law, and the Administrative Punishment Law, and is contrary to the human rights conventions signed by the Chinese government.

Article 37 of the "Constitution" stipulates: "The personal freedom of citizens of the People's Republic of China is inviolable. No citizen shall be subject to the law without the approval or decision of the People's Procuratorate or the decision of the People's Court. Public security organs are not subject to arrest, illegal detention and other methods of illegally depriving or restricting citizens’ personal freedom are prohibited, and illegal searches of citizens’ bodies are prohibited.”

Articles 8 and 9 of the "Legislation Law" stipulate that compulsory measures and penalties for citizens that restrict personal freedom can only be provided for by enacting laws, and the National People's Congress and its Standing Committee may not authorize the State Council to Administrative regulations should be formulated in the absence of formal laws regarding such coercive measures and penalties that restrict citizens' personal freedoms.

Article 9 of the "Administrative Penalty Law" stipulates: "Administrative penalties that restrict personal freedom can only be set by law." Article 10 stipulates: "Administrative regulations may set administrative penalties other than restricting personal freedom. Administrative penalties." At the same time, the types of punishments stipulated do not include reeducation through labor. The most severe administrative penalty is administrative detention, and the detention period shall not exceed 15 days.

Article 9 of the International Covenant on Civil and Political Rights stipulates: "No one shall be deprived of his liberty except in accordance with the grounds and procedures provided for by law." According to the interpretation of relevant United Nations agencies, here " "Law" refers to the law enacted by the legislative body; the "procedure" here refers to a qualified court trial. Extended information:

China's reeducation through labor system was established based on the "Decision on Reeducation through Labor" approved and promulgated by the 78th meeting of the Standing Committee of the National People's Congress on August 1, 1957, as well as relevant laws and regulations. .

For those who need to be admitted to reeducation through labor, the civil affairs and public security departments, their agencies, groups, enterprises, schools and other units, or parents and guardians shall submit applications. The provinces (autonomous regions, municipalities) and large and medium-sized cities The Reeducation through Labor Management Committee under the People's Government shall review and approve it. Most of the decided periods of reeducation through labor are one year, a few are about one and a half years, and a very few are three years.

If a person who has been sentenced to reeducation through labor is dissatisfied with the decision, he may file an appeal and request reconsideration, or he may file an administrative lawsuit with the People's Court in accordance with the Administrative Litigation Law. Reference materials: Reeducation through labor system_Baidu Encyclopedia