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我国政府已于 1998年 10月 15日签署了《公民权利和政治权利国际公约》(以下简称《公约》) ,并承诺将于近期批准加入该公约。这就使我们不得不从《公约》的角度 ,来重新审视我国与《公约》相关的法律制度。其中 ,劳动教养制度由于和《公约》第 8条第 3款“任何人不应被要求从事强迫或强制劳动”之规定不相符合 ,因而成为我国法律制度同《公约》接轨的障碍之一。如何使劳动教养制度既发挥其预防犯罪、保卫社会的积极作用 ,又使其与《公约》协调接轨 ,是法学界需要着力研究的一个问题。将劳动教养制度刑事化 ,似不失为解决这一难题的可行方案。
My Government signed the International Covenant on Civil and Political Rights (hereinafter referred to as “the Covenant”) on October 15, 1998 and promised to ratify it in the near future. This has forced us to review our legal system related to the “Covenant” from the perspective of the “Convention.” Among them, the system of re-education through labor is one of the obstacles to the integration of our legal system with the Convention because it does not conform to the provisions of article 8, paragraph 3, of the Covenant, “no one should be required to engage in forced or compulsory labor.” How to make the system of reeducation through labor not only give play to its active role in crime prevention and social security, but also bring it into line with the “Convention” harmonization, which is an issue that needs to be studied urgently by the legal profession. Criminalization of the re-education through labor system may well be a viable solution to this difficult problem.