收容教养是以我国刑法为依据确立起来的一项制度,具体体现在《刑法》第十七条第四款。收容教养在法律性质上存在较大争议,亟需厘清,并在实践中存在立法、程序以及执行三方面问题。为此应构建合理的立法模式,并在实体和程序规范以及执行体制等方面改革完善。 Inclusion and recuperation is a system established on the basis of our criminal law, which is embodied in the fourth paragraph of Article 17 of the Criminal Law. There is a big controversy over the nature of the law in housing and education. It is urgent to clarify this issue and there are three aspects of legislation, procedure and implementation in practice. To this end, a reasonable legislative model should be established and reforms and improvements should be made in terms of substantive and procedural norms and enforcement systems.