军队劳动教养性质辨析

Analyse to quality of Military Labor Education and Rehabilitation

分析军队劳动的教养的性质,应从多种视角分析国家劳动教养的性质,透析界定军队劳动教养性质所面临的理论冲突。基于军队劳动教养的军事治安处罚性、军内外部行政行为和军队制裁体系构成三个方面的因素,应将军队劳教的性质界定为一种军内外部行政行为的军纪处分。

Labor education and rehabilitation system is a controversal legislate system with Chinese characteristics. Its perfection is based on the defination of its quality to large extent. This article analysizes the present conditions of the military labor and rehabilitation from the aspects of the punishing scope, aiding procedure and punishing system, and arrive the conclusion that its quality is a special military discipline punishment.