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劳动教养制度创设至今已近一个甲子,其存在虽具有一定的合理性。但其本身又有难以克服的缺陷。这一制度是特殊时期的历史产物,如果说在建国之初它还对社会稳定起过阶段性作用的话,那么在“依法治国”、“国家尊重和保障人权”已经入宪的今天,延续半个世纪之久的劳动教养制度已然悖逆于时代的潮流,严重阻碍了国家的法治进步。新时期,为了维护国家安定和社会稳定,亟需在司法改革方面有所进展,为此在劳教制度废除之后做点法哲学思考。
Although the system of reeducation through labor has been established nearly a Koshien, its existence has a certain degree of rationality. But it has its own insurmountable defects. This system is a historical product of a special period. If it still played a stage role in social stability in the early days of the founding of the People’s Republic of China, then “governing the country” and “state respects and safeguards human rights” have been incorporated into the constitution Today, the system of re-education through labor that has lasted for more than half a century already rebels against the trend of the times and seriously impedes the progress of the country’s rule of law. In the new period, in order to safeguard national stability and social stability, it is imperative to make some progress in the judicial reform so as to give some legal philosophy thinking after the abolition of the labor camp system.