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刑事立法改革要求必须对劳动改造立法进行改革。应当为根本改善被判刑人的改造和再教育过程,为他们重新从事社会有益活动创造法律前提。当前完善劳动改造立法工作的实质在于解决下述问题,即是否只谈完善其业已确立的制度,还是要进行根本改革并建立一个新的法律部门—执刑立法。这个问题与其说只是立法技术问题,不如说是用新办法解决有关适用刑罚、保证执行刑罚时的合法性和顺利实现刑法规定的目标的原则问题。
The reform of criminal legislation requires the reform of the labor reform legislation. It should be to fundamentally improve the reform and re-education of sentenced persons and to create legal preconditions for them to resume their socially beneficial activities. The essence of the current legislative work on improving the labor reform lies in the solution to the problem of whether we should only talk about perfecting the system that has been established or whether we must carry out fundamental reforms and establish a new legal department, that is, execution of the criminal law. This issue is not so much a matter of legislative and technical issues as it is of a new solution to the principle of the application of penalties, the legitimacy of guaranteeing the execution of penalties and the smooth realization of the goals set by criminal law.