劳动教养废止后,相关的制度衔接与建构应当走向何处?如何借由劳教废止而统筹关注我国各类保安性措施的程序正当化路径?如何调整我国既有的刑事、行政法律体系?对此,不同方案看似言之凿凿,理论深邃,但总体上来说,无外乎“弊端革除”与“功能赋予”两种理念倾向,并事实上左右着制度演进的走势。两种理念倾向之间,必须有序互动,合理协调,这样才能促进制度演进的良性发展。 How should the system of convergence and construction proceed through the re-education through labor camp? How to make overall arrangements for the normalization of the procedures of all kinds of security measures in our country through the repeal of forced labor education? How to adjust the existing criminal and administrative legal system in our country? However, on the whole, it is nothing less than the tendency of “abolishing the defects” and “giving functions to the functions”, and in fact influences the evolution of the system. Between the two ideological tendencies, we must orderly and interactively and reasonably coordinate so as to promote the sound development of the system’s evolution.