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一、劳动教养制度的性质在劳动教养制度设立之初,将劳动教养适用于不够刑事处分的人这一适用标准,对后来的劳动教养制度产生了较为深远的影响。及至十年文革后1979年12月5日国务院公布的《关于劳动教养的补充规定》和1982年国务院转发的公安部《劳动教养试行办法》,在对劳动教养制度的重建过程中,其适用的对象范围上不断扩大,进而使劳动教养制度的性质也发生了变化。正所谓劳动教养制度在具有政治功能的同时,又具有治安功能。时至今日,其治安功能得以明显提升,但其政治功能也一直没有消失。只是这两种功能随着政治、经济形势的变化而有所偏重。
I. The nature of the system of re-education through labor After the establishment of the system of re-education through labor, the application of reeducation-through-labor system to those who are not sufficiently criminalized has had far-reaching effects on the system of re-education through labor. To the Supplementary Provisions on Re-education through Labor promulgated by the State Council on December 5, 1979 after the Cultural Revolution and the Provisional Measures on Re-education Through Labor of the Ministry of Public Security, which were forwarded by the State Council in 1982, are not applicable to the re-establishment of the system of re-education through labor. The scope of the object is constantly expanding, which in turn has changed the nature of the system of re-education through labor. The so-called re-education through labor system has political functions as well as public order functions. Today, its law and order function has been significantly improved, but its political function has not disappeared. Only these two functions are biased with changes in the political and economic conditions.