劳动教养废止后的新进路——违法行为矫治化

New Approaches to Rehabilitation for Illegal Activities After Abolishing the Re-education Through Labor System

劳动教养制度是中国式社会治理的产物,问世以来对维护我国社会治安、保障百姓安居乐业发挥了一定作用。同时,劳动教养制度面临着合理性、合法性和规范性生存困境,其中权力制衡式微、日常管理混乱和救济途径不畅等运行规范性困境尤为严重。在依法治国和尊重人权的法治语境下,十八届三中全会顺应社会发展趋势,决定废止劳动教养制度,加快违法行为矫治化改革。为了遵循权力制衡和程序正当的法律原则,违法行为矫治化必须实现控审执分离,创新执行管理模式,完善监督救济渠道。

Re-education through labor system is a product of social governance with Chinese characteristics. It has played an important role in safeguarding public security and citizens’ daily life and work. However,the system also faces problems in aspects of rationality, legitimacy and normativeness. The normativeness problems including the weak balance of power,improper daily management and sluggish channels of relief are particularly serious. In the context of the rule of law and respect for human rights,the 3rd Plenary Session of the 18th Central Committee of the CPC abolished re-education through labor system and accelerated reform of rehabilitation of illegal actions. Accord-ing to the legal principles of balance of power and legitimate procedure,the procedures of accusation,trial and en-forcement should be carried out separately in the rehabilitation of illegal actions; meanwhile, the administration model should be innovated,and supervision of the relief channels strengthened.