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我国原劳动教养制度因法律依据缺失及程序瑕疵等问题而备受诟病,于2013年12月28日被废止。但原拟替代劳动教养制度的《违法行为矫治法》却迟迟未予颁布。在此背景下,如何处置原通过劳动教养制度惩戒和矫治的违法犯罪未成年人,目前尚未有定论,但亟待解决。本文通过分析原劳教制度的弊端和现处置措施的不足,在借鉴域外对违法犯罪未成年人处置的严谨性、多样性、针对性和民间参与性等司法实践经验的基础上,提出建立我国未成年人违法行为处置制度
The original system of reeducation through labor in China was much criticized for its lack of legal basis and procedural flaws. It was repealed on December 28, 2013. However, the “Correction Act” originally intended to replace the system of re-education through labor has not yet been promulgated. In this context, how to deal with the juvenile offenders who were previously punished and rectified through the system of re-education through labor has not yet been finalized yet, but it urgently needs to be resolved. Based on the analysis of the malpractices of the former labor and labor system and the shortcomings of the existing measures, this paper, based on the experiences of judicial practices such as the rigor, diversity, pertinence and civil participation of the minors, Adult illegal disposal system