劳动教养的革新思考

Ideas about the Reform of Rehabilitation-through-labor

劳动教养在我国是一项十分重要的司法制度,它历经近半个世纪的发展、壮大。而今,面对这一制度在合法性、合理性、人权保障等方面存在的种种缺陷,努力探寻一条通过改革使其既能发挥预防犯罪、矫正不良的积极作用,又能与法治化大环境相适应的发展出路,是本文着力思考的主要任务。

Rehabilitation-through-labor is one of the great important judiciary institution of China. It has been, almost half a century, undergoing a long process of developing and expanding. Nowadays, this system has a lot of defects concerning about legitimacy, reasonability, the protection of human rights. This paper concentrates its efforts on looking for an appropriate way which would not only come into being positive functions that guard against offence and rectify harmful actions but also adapt to the big law environment.