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我国劳动教养制度的建立已有几十年的历史,在我国的法治建设的进程中发挥了巨大的作用,但该制度的运行在实践和理论上存在诸多缺陷。本文从分析劳动教养制度的现状入手,从宪法学的角度作出了若干思考。制定一部劳动教养法是完善社会主义法律体系、保障公民基本权利的需要,有利于进一步改善我国公民权利特别是人身权利的法治保障状况。
The system of reeducation through labor in our country has been established for several decades and has played an enormous role in the process of building the rule of law in our country. However, the operation of the system has many shortcomings in practice and in theory. This article begins with the analysis of the current situation of the system of reeducation through labor and makes some considerations from the perspective of constitutional law. The enactment of a reeducation-through-labor law is necessary to perfect the socialist legal system and guarantee the basic rights of citizens, and to the further improvement of the rule of law and guarantee of the civil rights, especially the rights of the individual in our country.