论劳动教养制度废止后的替代措施

Analysis of the Alternative Measure after the Abolishment of Reeducation through Labor System

劳动教养制度(劳教制度)曾对维护社会秩序起积极作用,但其被认为是非法的制度并侵犯了人权和自由。废止劳教制度之后,基于维护社会秩序的客观需要,也适应构建违法犯罪行为惩治和矫正制度的需求,必然要建立合法合理的替代制度。而在诸多的替代措施中,保安处分与中国违法犯罪行为惩治、矫正制度较为合宜,作为劳教制度的替代制度显示出更多的优势。

The reeducation through labor system has played a positive role in maintaining social order, but it is deemed to be illegal and has violated human rights and freedom. After the abolition of this system, based on the objective need to maintain social order, also to adapt to the establishment of the punishment and correc- tion of criminal behavior system, it is inevitable to build up a lawful and reasonable alternative system. In many alternative measures, the security measure matches much more to China punishment and correction of criminal behavior system and shows more advantages as the substitution to the reeducation through labor sys- tem.