论我国劳动教养制度改革——对“唐慧案”的反思

我国劳动教养制度在多年实践中凸显出其存在众多弊端.“唐慧案”折射出我国劳动教养制度在适用范围、适用程序等方面均存在不合理之处,停止使用劳动教养制度并对其进行改革已势在必行.劳教制度的合理发展方向应当是保安处分化,结合我国社会现状,应将我国劳动教养制度司法化,形成法院决定→公安机关执行→检察机关监督的合理系统,使其成为刑罚的有效辅助手段.

Discussion on the Reform of Reeducation- through -Labor System in China --A Reflection on ＂Tang hui Case＂

The system of reeducation through labor in China highlights that it has many shortcomings after many years of practice. ＂Tang Hui case＂ reflects the unreasonable elements of reeducation - through - labor system in China in its scope, procedure and so on ; it is imperative that the system of reeducation through labor should be got rid of and reformed. The justifiable development direction of the reeducation - through - labor sys- tem should be the security service differentiation. Taking the current social situation into consideration, the re- education through labor in China should be judicialized and a judiciary system shall be formed starting from the court decision through the implementation of the public security organs to the supervision of the procuratorial or- gans, thus making it an effective auxiliary means of punishment.