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我国现行的劳动教养制度在维护社会治安、预防和减少犯罪、教育和挽救轻微违法犯罪人员等方面起到了积极的作用,但其运行机制与我国宪法等保护公民人身自由的法律要求矛盾;运行价值与目标价值的冲突;运行功能不能完全满足社会对其作为主要的强制性社会预防措施的要求。我们要实现依法治国的目标,就必须对劳动教养制度进行立法完善。
The current system of reeducation through labor in our country plays a positive role in maintaining social order, preventing and reducing crime, educating and saving minor offenders and criminals. However, its operating mechanism is in conflict with the legal requirements of protecting the personal freedom of the citizens in our country. The operating value Conflict with the target value; and the function of operation can not fully meet the requirement of society as its main mandatory social precaution. If we are to achieve the goal of governing the country according to law, we must legislate on the system of re-education through labor.