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社会治理经历了政治治理模式、行政治理模式,正逐渐向法治治理模式转型。在不同的治理模式下,劳动教养所承载的功能与自身的性质有一个发展演变的过程。作为限制、剥夺公民人身自由的措施,直接决定了改革劳动教养的技术标准,即遵守法律保留原则、比例原则、法官保留原则、程序公正原则。除此之外,劳动教养还有一个制度出路的问题——是归并入现有的刑事或者行政法律体系,还是独立存在。制度的独立存在,不仅能够弥补我国刑事和行政法律体系的结构性缺损,更可以凭借此设立专门的治安法庭,此举对于中国法治建设更具有深远的意义。
Social governance has undergone a political governance model and an administrative governance model and is gradually transforming itself into a governance model of the rule of law. Under different modes of governance, there is a process of development and evolution of the functions carried by reeducation-through-labor and its own nature. As a measure of restriction, the deprivation of personal freedom of citizens directly determines the technical standards for the reform of the system of reeducation through labor, that is, abides by the principle of legal reservation, the principle of proportionality, the principle of judicial reservation and the principle of procedural fairness. In addition to this, there is also a system for the re-education through labor - a question to be merged into the existing criminal or administrative legal system or whether it exists independently. The independent existence of the system can not only make up for the structural defects of the criminal and administrative legal systems in our country, but also set up a special magistrate court by virtue of this. This move will have far-reaching significance for the rule of law in China.