试论劳动教养制度的法律缺陷

The Legal Defect of Labor Education and Rehabilitation

劳动教养制度与行政处罚法和立法法冲突;与刑法和刑事诉讼法冲突,与国际人权公约冲突;并且劳动教养法出多门, 效力不一,相互冲突;缺乏稳定性和统一性,程序上都存有严重的问题,可见,劳动教养制度应从根本上改革。

The system of labor education and rehabilitation, which was established according to our party's policy and have made tremendous contributions in history, is obviously out of date today due to the rapid development of political, economic and social conditions. Therefore, the reform regarding to its legality and rationality becomes a necessity.