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“劳动教养”是历史的产物,有其历史的功绩,随着我国民主法制建设的不断完善,“劳动教养”与社会发展不相适应,并且和我国现行的法律制度严重相冲突。已经失去了存在的空间和必要。在实践中,也产生了诸多的弊端, 如执法的程序缺失,随意性根大、操作性差,监督机制不健全、容易造成行政执法的不廉洁、滋生腐败。“劳动教养”与现在的园家管理的法治化,严重背离。因此应该废除“劳动教养”。
“Re-education through labor ” is a product of history and has its historical merit. With the continuous improvement of the construction of China’s democratic legal system, “reeducation through labor” is incompatible with social development and seriously conflicts with the current legal system in our country . Has lost the space and the necessity of existence. In practice, there are also many drawbacks, such as the lack of procedures for law enforcement, the arbitrary root cause, the poor operability, the imperfect supervision mechanism, and the easily result of administrative law enforcement being not clean and breeding corruption. “Re-education through labor” and the current rule of law in the management of the park home, a serious departure. Therefore, “reeducation through labor” should be abolished.