The system of reeducation through labor, which had been implemented in China for near 60 years, had exerted an extensive and profound influence on Chinese society and Chinese people. For many years it had been at the center of controversy for its lack of safeguards for human rights. On November 15, the Decisions of CPC Central Committee on Several Major Issues relating to the Comprehensive Deepening of Reform, adopted at Third Plenary Session of the Eighteenth CPC Central Committee, provides that China will “abolish the system of reeducation through labor, improve the laws on the punishment and correction of acts of violation of law, and perfect the community correction system”. The participants of the seminar expressed support to this decision and held that the abolition of the system, which was the product of a certain historical condition, was an inevitable choice made by China as a result of the development of the rule of law. However, after the abolition of the system, China would face a difficult question of how to deal with the violations of law previously dealt with by the system of reeducation through labor? This involves many deep-seated issues such as the structure of criminal law and criminal punishment in China, felony and misdemeanor, security measures and other measures for the deprivation of personal freedom. Many of the participants of the seminar advocated the approach of different treatments for different types of violations, namely some of the violations should be criminalized and dealt with by the criminal law while the majority of the violations should be dealt with by system of public security punishment, so that no major turbulence would be cause both in institution and in practice.
“The Improvement of the Structure of Criminal Law in the Post Reeducation through Labor Era”is a component of the Innovation project “The Criminal Law Safeguard for Social Stability”, implemented by Professor Liu Renwen of CASS Law Institute.

