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劳动教养是我国独有的一项法律制度,它植根于我国五十年代“肃反”和“反右”运动这一特殊的社会土壤,并在近五十年的社会巨变中不断发展和变化。现在劳动教养已从创建初期兼有安置就业性质的强制性教育改造措施,演变为行政处罚。在宪政和法治观念日益深入人心的今天,反思现行劳动教养制度存在的问题,对于劳动教养这项法律制度的健康发展,意义重大。本文从我国劳动教养的概念入手,将我国劳动教养制度定性为司法制裁。然后运用理论与实践相结合的方法分析了我国劳动教养自身制度的缺陷,随着我国目前法律、法规的完善,排除并明确现在我国劳动教养制度的适用对象,根据我国基本国情,借鉴国外的相关制度,提出了我国劳动教养制度的改革方案,从而推动我国法制建设。
Re-education through labor is a unique legal system in our country. It is rooted in the special social soil of the movement of “Su-bian” and “Anti-rightist” in the 1950s. In the course of nearly 50 years of social change In the continuous development and change. At present, the reeducation for labor movement has evolved into an administrative punishment from the compulsory education reform that combines the nature of resettlement and employment at the initial stage of establishment. Today, as constitutionalism and the concept of the rule of law are gaining popularity among people, it is of great significance to reflect on the existing problems of the current system of re-education through labor and to ensure the sound development of the legal system of reeducation through labor. This article starts with the concept of reeducation through labor in our country and defines the system of reeducation through labor as judicial sanction. Then, by combining the theory and practice, this paper analyzes the defects of the system of reeducation through labor in our country. With the improvement of laws and regulations in our country at present, we can exclude and clarify the object of reeducation through labor in our country. According to the basic national conditions in our country, System, put forward the reform plan of the system of reeducation through labor in our country so as to promote the legal construction in our country.