论劳动教养制度的正当化

On the Legalization of Reeducation System Through Labor

劳动教养制度是在特殊的历史背景下创建的,随着我国法治进程的推进和国际人权事业的发展,劳动教养制度与法治之间出现了严重的冲突,因此劳动教养问题亟需进一步研究。从劳动教养正当化的角度对劳动教养制度的问题及其相关的方案进行了分析,并从程序上进行司法设置,以求得劳动教养问题的合理解决。

The through-labor reeducation system was established against the special historical background of our country. However, with the advancement of the rules of laws and the development of international human rights causes, there appeared a severe clash between the through -labor reeducation system and laws. So the problem of the old system cries for urgent solutions. Viewed from the legalization of the through-labor reeducation system, the paper analyzes the problems and the relevant schemes, and puts forward a blueprint of the judicial process, so that the problems existing in through-labor reeducation system can be expected to get solved.