论文部分内容阅读
劳动教养制度是我国一项主要应对严重违法和轻微犯罪的措施。而劳动教养作为我国本土特色,自出生它的性质就备受争议。实践证明,劳动教养有其存在必要性。当然,为适应世界法治思潮的运动,我们需要对劳动教养进行各方面的改革。首先,在劳动教养适用对象分类的方面,应当把握从原则、笼统向确定、规范转变。其次,劳动教养执行的正当化需要对警察权进行限制。再次,国际的刑事司法标准要求对于限制人身自由的措施必须经审判,劳动教养势必引入审判权。这种审判权有其独立的意义。最后,恢复性司法可引入到教养处遇的执行工作中。
The system of re-education through labor is one of our major measures to deal with serious crimes and minor crimes. As the indigenous characteristics of our country, labor re-education is controversial since its birth. Practice shows that reeducation through labor is necessary for its existence. Of course, in order to adapt to the trend of the rule of law in the world movement, we need to reform the labor camp in all aspects. First of all, in terms of the classification of applicable subjects for reeducation through labor, we should grasp the principle from the general, to determine and regulate the change. Second, the legitimacy of the implementation of reeducation through labor requires the restriction of police power. Thirdly, the international standards of criminal justice require that the measures to restrict the freedom of the person must be tried and that re-education through labor must introduce the right of trial. This right to adjudication has its own independent significance. Finally, restorative justice can be introduced into the implementation of correctional services.