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劳动教养制度在我国实施50多年来,毋庸置疑,它在维护社会秩序、预防犯罪、惩罚教育有轻微犯罪行径的人员等方面起到过十分积极的作用。不过,作为一种限制、剥夺人身自由的强制手段,劳动教养制度直接与我国的现行法律相冲突,自身内容规范也存在瑕疵,随着法制建设的推进和对人权保障的日益重视,劳动教养制度的立法缺陷问题愈发突出起来。本文试从立法角度对其缺陷进行分析,并对浅述了自己对劳教立法的构想。
For more than 50 years after its implementation in our country, the system of re-education through labor has undoubtedly played a very active role in safeguarding social order, preventing crime and punishing those who have committed minor crimes in education. However, as a coercive measure of restraining and deprivation of personal liberty, the system of reeducation through labor conflicts directly with the existing law in our country, and there are flaws in its own content norms. With the progress of the legal system and the increasing emphasis on the protection of human rights, the reeducation through labor system The issue of legislative defects more prominent. This article attempts to analyze its defects from a legislative perspective and briefly discusses its own conception of legislation on labor camp education.