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中国劳动教养制度最初既是一种强制性教育改造措施,又是一种安置就业的办法,在维护国家政治和社会稳定、预防和减少社会违法犯罪、挽救违法犯罪青少年、保障社会主义经济文化建设中,起到了不可替代的特殊作用。随着中国法治化程度的提高,民主法治进程的不断推进以及中国签署、批准的人权公约的增多,中国劳动教养制度的积弊也日益凸显,其合法性、合理性和正当性不断受到质疑,面临着何去何从的历史抉择。反思现行的劳动教养制度,对于其健康发展意义重大。
At first, China’s system of reeducation through labor was not only a compulsory education reform measure, but also a way of resettlement and employment. While maintaining the political and social stability in the country, preventing and reducing social crimes, saving juveniles in criminal activities and safeguarding the socialist economic and cultural construction , Played an irreplaceable special role. With the improvement of China’s rule of law, the continuous progress of democracy and the rule of law, and the increase of conventions on human rights signed and ratified by China, the disadvantages of China’s re-education through labor system have also become increasingly prominent. The legitimacy, rationality and legitimacy of China’s re-education through labor are constantly being questioned and confronted The historical choice of where to go from here. Reflecting on the current system of re-education through labor is of great significance to its sound development.