早在20世纪90年代初,劳动教养制度的改革就为学术界所关注,形成了劳动教养制度存废之争。2013年11月12日,中共十八届三中全会通过的《中共中央关于全面深化改革若干重大问题的决定》提出,废止劳动教养制度,完善对违法犯罪行为的惩治和矫正法律,健全社区矫正制度;12月28日,第十二届全国人大常委会第六次会议正式通过了《关于废止有关劳动教养法律规定的决定》。根据该决定,在劳动教养制度废止前,依法作出的劳动教养决定有效;劳动教养制度废止后,对正在被依法执行劳动教养的人员,解除劳动教养,剩余期限不再执行。劳动教养制度废止之后,需要对相关法律、法规、司法解释、规章和规范性文件依照法 As far back as the early 1990s, the reform of the system of re-education through labor has drawn the attention of academics and has formed the dispute over the system of re-education through labor. On November 12, 2013, the “Resolution of the Central Committee of the Communist Party of China on Some Important Issues concerning the Overall Deepening of Reform” was passed at the Third Plenary Session of the 18th CPC Central Committee. It is proposed to abolish the system of reeducation through labor, improve the law on punishing and rectifying illegal and criminal activities, and improve community correction System; December 28, the Sixth Meeting of the Twelfth NPC Standing Committee passed the “Decision on Abolishing the Law on Re-education Through Labor”. According to that decision, the decision on re-education of labor according to law was effective before the re-education system was abolished. After the abolition of the system of re-education through labor, the re-education through labor re-education was lifted and the remaining time limit was no longer enforced. After the abolition of the system of re-education through labor, relevant laws, regulations, judicial interpretations, rules and normative documents need to be read in accordance with the law