劳教事由类型研究——基于劳教案件的实证分析

十八届三中全会明确提出废止劳教制度后，对于轻微违法行为的惩治和矫正法律制度的构建问题已成学界热点。我国1991—2012年间的劳教案例的数据分析表明，实践中的劳教制度虽然适用范围不断扩大，功能亦由最初的矫治为主向惩罚为主异化，但劳教制度在惩戒、教育矫治、维护社会治安方面的作用明显。因此，后劳教时代立法宜延续劳教制度的基础功能，并把握好教育矫治和惩罚违法之间的度。

Types of Causes for the Cases of Reeducation through Labor --Based on Empirical Analysis of the Cases

After the abolishment of the System of Reeducation through Labour at the Third Plenary Session of the 18th CPC Central Committee, the academic circle have focused their attention on the establishment of a legal system for the punishment and correction of minor offence. The data analysis of the reeducation through labor cases between 1991 -2012 shows that the scope of reeducation through labor system continued to expand in practice and its function deviated from the initial one of correction and was transformed into the one of punishment. However, the system of reeducation through labor played a significant role in punishment, correction, and maintenance of social order. Therefore, the legislation after the era of reeducation through labor should retain the above functions and strike a balance between the ones of correction and punishment.