论部分劳动教养行为的入刑规制

On Punishment Regulation of Partial Education-Through-Labor Behavior

饱受各界诟病的劳动教养制度废除后,部分违法行为的入刑规制要引起相当的重视。在脱离劳动教养制度肆意适用侵害人权的同时,更要防范因部分违法行为入刑规制而又陷入到重刑主义侵害人权的泥淖之中。对此,应该重视人权保障,强调刑法的谦抑性原则,用现代的法治观念来引导和加深公众对恢复性司法和开放式处遇的认识,发展和完善符合国际新趋势的社区矫正制度及相关制度,不断改进和完善包括刑事法律体系在内的规制体系等等。通过这些举措,在劳动教养制度废除后形成一个协调有序、衔接自然的违法行为规制体系,在实现有效社会管理的同时又实现对人权的充分保障。

After the abolition of the education-through-labor system which was suffering from criticism,more attention should be paid to put illegal behavior in the criminal law provisions. While repealing the education-through-labor system,it is important to guard against violation of human rights because great importance is attached to the punishment. Great importance should be attached to the safeguarding of human rights,and stress be laid on tolerance principle of the criminal law,and the modern sense of law be applied to guide and deepen the public to acquaint themselves with the restorative justice,the community correction system and other related systems which are consistent with the new international trend should be developed and improved,and the regulation system including the criminal law system and so on should be continuously improved. Through these measures,a regulation system that orderly coordinated and naturally connected can be built after the abolition of the education-through-labor system,to achieve the goal of effectively cohering with social management and sufficiently safeguarding human rights.