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我国劳动教养制度自上世纪50年代诞生以来,虽然起到了一定的积极作用,但是,随着社会的不断发展,该制度已明显不适应我国社会主义法治的全面建设,该制度还存在着与我国有关法律和国际条约相矛盾、其程序性规定有明显的缺陷、适用范围不规范和规定的期限不合理等问题。为了完善该制度,应制定统一的《劳动教养法》,完善其裁决体制,健全其审理程序,合理规定其适用范围和期限。
Although the system of reeducation through labor in our country has been playing a certain positive role since its birth in the 1950s, with the continuous development of society, the system has obviously failed to meet the overall construction of the socialist legal system in our country. There are contradictions between the relevant laws and international treaties, their procedural provisions have obvious defects, the scope of application is not standardized, and the stipulated deadlines are not reasonable. In order to perfect this system, a unified “reeducation-through-labor law” should be formulated to improve its adjudication system, improve its handling procedures and rationally stipulate its scope of application and duration.