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劳动教养制度兼有行政性、与刑罚的衔接性和政策实践性等特征,其作用随着中国法治化进程的逐步提高,其弊端也日益凸显。我国的劳动教养制度存在制定主体不一,法律性质争议较大,劳动教养审批机构形同虚设,在实践中带有随意性和混乱性等诸多问题。因此,需要从立法、司法和执法各方面着手,予以完善。
The system of reeducation through labor has the characteristics of administrative nature, convergence with penalties and practicality of policies. Its function, along with the gradual improvement of the process of legalization in China, has brought its drawbacks to prominence. The system of reeducation through labor in our country has many problems, such as different subjects of formulation, controversies over the nature of law, review and approval agencies for reeducation through labor, lack of arbitrariness and confusion in practice. Therefore, it needs to be improved from the aspects of legislation, judicature and law enforcement.