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收容教育机制在历史上曾经和劳动教养制度配套,是我国法律体系的重要组成部分,在维护我国社会稳定方面发挥了重要作用,是打击卖淫嫖娼行为,净化社会风气的重要保障。但是随着社会经济的发展,劳动教养和收容教育制度的弊端日益突显,一定程度上阻碍了中国法治进程。2013年劳动教养的废止,引发了人们对收容教育的质疑。2014年著名黄姓演员在执行完15日行政拘留之后被收容教育的案件,更是将收容教育制度的存废问题推到风口浪尖。本文试图通过对收容教育制度的合法性辨析及其功能定位和价值分析,论证收容教育的未来走向应当是废止而不是改良。
The institutional mechanism of education for accommodation, which was historically used with the system of reeducation through labor, is an important part of our legal system and plays an important role in safeguarding the social stability of our country. It is an important guarantee for cracking down prostitution and purifying social customs. However, with the development of society and economy, the malpractice of reeducation through labor and acceptance of education system has become increasingly prominent, which hinders the progress of China’s rule of law to a certain extent. The abolition of reeducation through labor in 2013 has triggered people’s question about admission education. In 2014, the famous Huang surname actor was enrolled in education after his execution of administrative detention on the 15th. He even put the issue of the education and shelter system into practice. This article attempts to discern the legitimacy of the system of education in housing and its functional orientation and value analysis, arguing that the future direction of education in housing should be abolished rather than improved.