劳动教养制度废除后治安违法行为犯罪化之检视

Review on the Criminalization of Public Security Violations after the Abolition of Reeducation through Labor System

劳动教养制度废除后,刑法修正案(九)通过增设新罪和扩大原罪名的方式将某些治安违法行为予以了犯罪化,这为刑事制裁此类治安违法行为提供了法律依据,体现了刑法关注人身危险性因素。但对治安违反行为犯罪化的过程中,需要兼顾保障人权和刑法谦抑性原则,对那些侵犯公民人身权利和财产权利、对公民切身利益危害比较严重的治安违法行为可以适度犯罪化,对于那些扰乱公共秩序、危害社会管理秩序的治安违法行为则需审慎。劳动教养制度废除后治安违法行为适度犯罪化过程中,构建轻罪制度和社区矫正制度为核心的互相配合的制度及其他相关配套制度有利于更好地治理这些轻微违法犯罪行为。

After the abolition of reeducation through labor system, the 9th Criminal Law Amendment criminalizes some security violations by adding new crimes and expanding the original charges. It provides a legal basis for the criminal sanctions against these security violations, and reflects that the Criminal Law has paid attention to factors concerning personal dangers. But in the process of criminalization of violations of public security, we need to take into account the protection of human rights and the principle of modesty of the Criminal Law. Security violations concerning personal rights and property rights as well as vital interests of citizens can be criminalized in a proper manner,while those concerning disrupting public order and endangering the social order should be dealt with cau-tiously. During the proper criminalization of public security violations after the abolition of reeducation through la-bor system,the establishment of the misdemeanor system and community correction system as the core of the coor-dination system and other related systems is conducive to better management of these minor criminal acts.