论劳动教养制度的重新构建

Rebuilding the System of Reducation-through-Labor

劳动教养制度在我国实施50多年,其存废之争已成为当前社会执点问题。本文分析了劳动教养制度存废的相关理由和事实,并就此提出以违法行为矫治代替劳动教养、重构该制度的设想;强调了违法行为矫治制度实行申请、决定、执行相分离机制符合法治要求,可以根本解决劳动教养制度改革的出路问题。

Te system of re -education through labor in China has been praciesd for more than 50 years, and whether it should be abolished or not has become a social problem of enforcement. This paper analyzes the relevant reason for and facts of the retention or abolition of the system. Basing on this, it put forward the idea of raplacing it by rehabilitation to reconstruct the system. It stresses that the practise, against the rehabilitation system, of departing the application, the decision and the implementation is in line with the law, and can fundamentally solve the problems in the reform of the system of re - education through labor.