目前,在修改我国《刑法》的讨论中,对劳动教养有多种意见,我们认为,在讨论劳动教养能否纳入《刑法》之前,很有必要搞清劳动教养的性质.劳动教养性质界定准了,符合《刑法》的调整范围,就纳入《刑法》;不符合《刑法》的调整范围,就不应纳入《刑法》.本文拟就劳动教养的性质陈述管见,求教于同仁. At present, there are many opinions on reeducation through labor during the discussion on revising the “Criminal Law” in our country. We think it is necessary to understand the nature of reeducation through labor before discussing whether reeducation through labor can be included in the Criminal Law. And conform to the scope of the adjustment of the Criminal Law, it should be included in the Criminal Law and should not be included in the Criminal Law if it does not meet the adjustment scope of the Criminal Law.