劳动教养制度改革之探讨

劳动教养制度在实体方面规定过于笼统,在程序方面有违程序法治原则。这一制度本身存在诸多缺陷,但又不能彻底废除,目前最好的选择便是对其进行改革。在劳动教养制度的众多改革方案中,目前法学理论界研究出两大模式,即行政模式和刑事模式。在这两种模式中,刑事模式能够更好地兼顾社会治安和对公民人权的保障。对于采用刑事模式改革劳动教养制度,初步构想是先将其列为一种非刑罚方法,然后再逐步过渡到一种适合中国国情的保安处分制度。

A Study of the Reform of Labor Education and Rehabilitation System

With aspect to entity, Labor Education and Rehabilitation System is too general while with aspect to procedure, it violates the principle of rule of law. As it has many defects that can not be totally abolished, the best option for us now is to reform it. The numerous reform schemes can be, according to the present theoretical circle, classified into two big models, namely, administrative model and criminal model. Considering the advantages and disadvantages of the two models, we believe that only by adopting the criminal model can public security and civil rights be guaranteed. In the criminal model, we first list System of Labor Education and Rehabilitation as a kind of non - criminal punishment, and then transform it step by step to a kind of security punishment system in accordance with Chinese national conditions.