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党的十八大三中全会作出的《关于深化改革若干重大问题的决定》,明确提出了“废止劳动教养制度,完善对违法犯罪行为的惩治和矫正法律,健全社区矫正制度。”这一决定宣告了在我国施行几十年的劳动教养制度寿终正寝。是我国民主与法制建设重大举措。我国劳动教养制度在历史背景下的存在,对采取特殊手段矫正违法行为,减少犯罪方面,在一定时期为我国经济与社会发展做出了一定贡献。但是,劳动教养制度存在期间,又与一个国家需要建立建全完整的民主的高效的法律体系相悖。本文主要针对我国劳动教养制度的立与废以及废除我国劳动教养制度的特点进行了分析。
The “Decision on Some Important Issues concerning Deepening Reform” made by the Third Plenary Session of the 18th CPC Central Committee clearly states: “Abolishing the system of re-education through labor, perfecting the law on punishing and rectifying crimes and perfecting the system of community correction.” A decision has proclaimed the end of the reeducation-through-labor system that has been practiced in our country for decades. It is a major measure for building democracy and legal system in our country. The existence of the system of reeducation through labor in history has made a certain contribution to the economic and social development of our country in a certain period of time by taking special measures to rectify the illegal acts and reduce crimes. However, during the existence of the system of re-education through labor, it runs counter to the efficient legal system in which a country needs to establish a complete democracy. This article mainly analyzes the establishment and abolition of the system of reeducation through labor and the abolition of the system of reeducation through labor in our country.