关于我国现行劳动教养制度的思考与展望

我国现行的劳动教养制度已实施了几十年,在实践中发挥了维护社会治安的积极作用,但随着《行政处罚法》的颁行,以限制人身自由为内容的劳动教养制度受到了存废的挑战,其存在失去了合法性的依据:法律性质不明确;适用对象和范围随意性大;审批机构没有合法的授权等。因此,必须尽快改革,提高该制度依据的规范性文件的效力层次,制定《劳动教养法》,并对该法的内容进行初步的展望。

Rethinking and prospect on the existing system of China's labour education and rehabilitation

The existing system of China's labour education and rehabilitation has been in use for dozens of years.lt has played an active role in practice and it has indeed produced a very important effect in protecting social stability.With the Act of Administration in Punishment being issued,however,the existing system limits individual freedom a lot,so its lawfulness needs serious challenge.Because of its obvious shortcomings,it has lost lawful fundamentals,for example,its law character is indefinite,the effect of the regular documents which it depends on is poor,someitems in the system are self-contradictory,the objects and scope applied to it are at will so much,its subject of explanation lacks statutory authority,ect..Therefore,it's high time to reform the system and promote its effect,it's also the high time to make out a new Act of Labour Education and Rehabilitation.This article concentrates on the content of the Act and makes some prospects on it.