保安处分制度与刑法中的人权保障机制——兼谈我国劳动教养制度的立法改革

Legal System of Security Measures and Human Rights Safeguard Mechanisms in Criminal Law:Some Suggestions on the Legislative Reform on Punishment through Labor in China

保安处分制度是现代刑法理论和刑法制度发展的产物 ,其由不同流派的法学家倡导形成了与刑罚关系上的一元论与二元论对应的立法体例。本文从保安处分制度的形成、发展及其与人权保障的关系上 ,探讨了我国劳动教养制度的修改的立法体例 ,使之符合我国参加的国际人权公约的规定。

The Security measure mechanism is the offspring of the modern criminal law theory and the development of the criminal law system,which has been developed throughout years by scholars into the legislative system of monism and dualism concerning crime and penalty.This article aims at exploring some possible attempts at the reformation of the present legislation pattern of the punishment through labor system in China through the study of the formation,evolution of the security measure mechanism and its relationship with human rights safeguard mechanisms,thus making the general criminal legal system in accordance with the human rights conventions in which China is a member.