论文部分内容阅读
我国的劳动教养制度存在低位阶与高位阶规范明显冲突、制度设计不合理、程序严重不当及违反国际人权公约等方面缺陷。法学界对该制度的激烈批判引发废除、保留、保安处分化之争。根据西方保安处分制度的基本特征吸取其基本原则和可行性规定,对现行劳动教养制度的适用对象、期限、程序等做出修改,专门制定《劳动教养法》。
The system of reeducation through labor in our country has obvious defects such as the obvious conflict between low-order and high-order norms, the unreasonable system design, the serious wrong procedure and the violation of international human rights conventions. The fierce criticism of the system by the jurisprudence sparked a dispute over abolition, preservation and security disposal. According to the basic characteristics of the western security punishment system, draw lessons from its basic principles and feasibility requirements, make amendments to the applicable objects, deadlines and procedures of the existing system of reeducation through labor, and formulate the “Re-education Law”.