关于劳动教养适用的对象和地域范围的思考

Thoughts on Objects and Area Application of Reeducation through Labour

劳动教养作为我国涉及限制或剥夺公民人身自由的三大处罚 (治安处罚、刑罚、劳动教养 )体系之一 ,法律法规对其适用的对象和地域范围有着明确而严格的规定。它不同于其他处罚的重要区别是有其对象和地域范围的限制 ,即行为人尽管实施了法律法规所禁止的行为 ,但如不符合一定的对象和地域条件 ,就不能适用劳动教养。本文仅就目前劳教法规的有关规定 ,对当前办理劳教案件适用的对象和地域范围进行了较为详尽的论述 。

Reeducation through labor, as one of the three punishments (security punishment, criminal penalty, reeducation through labor), which involves restricting, or deprivation of personal liberty in our country, is confined by law and regulations distinctively the objects and area application. It differs from other punishments in its restriction of area application, that is though the doer actualized actions that are prohibited by law or regulations, if it's not applicable to the objects or area condition, he/she can't be reeducated through labor. The article expounds on the object and area application when dealing with reeducation through labor at present stipulated by reeducation through labor law and regulations and proposes some valuable legislation thoughts for reference on the flaws and perfection of the system.