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福建省南平市劳动教养管理所陈建玲认为:目前,我国劳动教养法律规范与相关法律之间极不适应。《行政处罚法》第9条第2款规定:“限制人身自由的行政处罚,只能由法律设定”。《立法法》也有类似规定。这是法律的专有原则。而我国的劳动教养制度,目前在实践中所依据的主要还是一个行政法规《劳动教养试行办法》,法律规格偏低。《刑事诉讼法》第12条规定:“未经人民法院依法判决,对任何人都不得确定有罪”。然而,现行劳教法律法规规
Chen Jianling, director of the Nanping Labor Rehabilitation Administration in Fujian Province, said: At present, the legal norms of labor re-education in our country are extremely incommensurate with the relevant laws. Article 9, paragraph 2, of the Administrative Punishment Law stipulates: “Administrative penalties that limit personal liberty can only be set by law.” There are similar provisions in the Legislation Law. This is the law’s exclusive principle. However, the system of reeducation through labor in our country is mainly based on the “Provisional Measures on Re-education Through Labor”, which is mainly based on the practice of laws and regulations in the field of law. Article 12 of the Code of Criminal Procedure stipulates: “No person shall be guilty of a crime without the judgment of the people’s court.” However, the existing laws and regulations on reeducation through labor