劳教制度废止后若干问题的法律思考

劳教制度在新中国存续了半个多世纪,随着中国法治的进步和公民人权保障意识的增强,在广大人民群众的呼吁下终于被废止了。但劳教制度废止后的相关法律法规的清理、劳教场所的转型、管理人员的分流安置以及社会治安管理等都不是短期内可以解决的问题。这些问题有的需要立法机关解决,有的需要司法部门协调解决。就其解决的途径和方法作以法律思考。

LEGAL THINKING ON ISSUES CONCERNING THE ABOLITION OF THE SYSTEM OF REEDUCATION THROUGH LABOR

The System of Reeducation through Labor （RTL） has been in existence in China for half a century and was eventually abolished under the appeal of the majority of the masses with the progress of the rule of law and increased awareness of human rights protection of citizens. Some issues involving the abolition of the system, such as liquidation of its related laws and regulations, transformation of detention places, reassignment of its managerial staff and social security administration, will not be disposed immediately. Some of these problems should be disposed by legislative body and others should be coordinated by judiciary. This thesis gives legal thinking on the solutions to the problems.