论我国劳动教养制度改革——对“唐慧案”的反思

Discussion on the Reform of Reeducation-through-Labor System in China——A Reflection on“Tang hui Case”

我国劳动教养制度在多年实践中凸显出其存在众多弊端。"唐慧案"折射出我国劳动教养制度在适用范围、适用程序等方面均存在不合理之处,停止使用劳动教养制度并对其进行改革已势在必行。劳教制度的合理发展方向应当是保安处分化,结合我国社会现状,应将我国劳动教养制度司法化,形成法院决定→公安机关执行→检察机关监督的合理系统,使其成为刑罚的有效辅助手段。

The system of reeducation through labor in China highlights that it has many shortcomings after many years of practice. ＂Tang Hui case＂ reflects the unreasonable elements of reeducation - through - labor system in China in its scope, procedure and so on ; it is imperative that the system of reeducation through labor should be got rid of and reformed. The justifiable development direction of the reeducation - through - labor sys- tem should be the security service differentiation. Taking the current social situation into consideration, the re- education through labor in China should be judicialized and a judiciary system shall be formed starting from the court decision through the implementation of the public security organs to the supervision of the procuratorial or- gans, thus making it an effective auxiliary means of punishment.