从尴尬、颠覆走向新生:劳动教养改造为社区矫正之分析

Changing Reeducation through Labor into Community Correction

由劳动教养依据问题引发的劳动教养制度存废争议,将劳动教养制度置于法律上的尴尬境地。颠覆劳动教养制度成为多数人的共识。我国应变更狭义刑法结构为广义刑法结构,在此基础上,将劳动教养制度进行分解,一部分行政处罚化,另一部分刑罚化,实施社区矫正。将劳教所的人员、经费和设施分别转化为社区矫正官、社区矫正工作经费和矫正中途训练中心,是劳动教养走向新生的合理途径。

The debate caused by the legal basis of reeducation through labor makes the system of reeducation through labor in a legal dilemma. Most people reached a consensus on abolishing this system.. China should change narrow criminal law into abroad criminal law, further, divide the system of reeducation through labor into the two parts, one part is administered by administrative punishment; the other by criminal punishment and community correction. It is a reasonable way of improving the system of reeducation through labor to transform respectively the staff, funds and installations of labor camp into the officer of community correction, the working expenditure of community correction and the training center of community correction.