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劳动教养制度在维护社会治安和预防犯罪方面的作用不容忽视,但在加入WTO的新的社会背景下,用国际规则来审视这一制度,它存在以下弊端:一是该制度的创立缺乏法律依据,违背国际人权公约和我国法律规定。二是审批程序暗箱操作,不符合透明度原则。三是公安机关行使劳教审批权,违背国际通行的正当司法程序要求。为此必须进行改革。改革的近期目标是制定劳教法,完善审批决定和监督程序;改革的长期目标是把劳教作为一种保安处分,由法院行使其决定权。
The role of the system of re-education through labor in safeguarding public order and crime prevention can not be ignored. However, under the new social background of accession to the WTO, using international rules to examine this system has the following disadvantages. First, the establishment of the system lacks legal basis , Contrary to international human rights conventions and laws of our country. Second, the approval process black box operation, does not meet the principle of transparency. Third, the exercise of the power of labor camp examination and approval by the public security organs violates the requirements of the due process of international judicial procedures. To this end, reform must be carried out. The immediate objective of the reform is to formulate detention-based education laws and improve the examination and approval procedures and supervision procedures. The long-term goal of the reform is to regard reeducation through labor as a security measure, and courts exercise their discretion.