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随着我国民主法治进程的推进,劳动教养暴露出越来越多的问题。一般认为,劳动教养存在着法律性质模糊不清、收容条件笼统、决定过程缺乏程序制约和司法救济、法律依据不足以及使用结果不合理等诸多问题。鉴于此,学界提出了各种立法方案。但是,“劳动教养立法”真的具有可行性吗?本文旨在对此作出分析。
With the advancement of the process of democratic rule of law in our country, more and more problems have been exposed through reeducation through labor. It is generally believed that there are many problems in the legal system of labor re-education, such as the unclear legal nature, the general conditions of accommodation, the lack of procedural and judicial remedies in the decision-making process, the inadequate legal basis and the unreasonable use of the results. In view of this, the academic community has put forward various legislative proposals. However, is “Reeducation through Labor Legislation” really feasible? This article aims to make an analysis.