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劳动教养制度是在特殊的历史背景下创建的,随着我国法治进程的推进和国际人权事业的发展,劳动教养制度与法治之间存在着严重的冲突。因此劳动教养问题亟需得到解决。从劳动教养正当化的角度对劳动教养制度的问题及其相关的方案进行分析,并从程序上进行司法设置,以求得劳动教养问题的合理解决。
The system of re-education through labor was established under a special historical background. As the progress of the rule of law in our country progresses and the development of international human rights undertakings, there is a serious conflict between the re-education through labor system and the rule of law. Therefore, the issue of re-education through labor urgently needs to be resolved. From the perspective of the reeducation through labor, the problems of the system of reeducation through labor and the related programs are analyzed, and judicial procedures are set up so that the problems of reeducation through labor can be solved reasonably.