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劳动教养就是劳动、教育和培养,简称劳教。劳动教养制度是一项具有鲜明中国特色的制度。从法律上讲,劳动教养并非《中华人民共和国刑法》规定的刑罚,而是法律及行政法规规定的一种行政处罚。自2012年10月,中央释放劳教制度改革的信号以来,社会各界高度关注,并由此引发了有关劳教制度的新一轮讨论。新年伊始,本刊特别针对这场讨论中的相关问题组织文章,澄清讨论中相对混乱和模糊的概念,希望对推进我国相关的司法体制改革有所裨益。
Reeducation through labor is labor, education and training, referred to as re-education through labor. The system of reeducation through labor is a system with distinctive Chinese characteristics. Legally speaking, reeducation through labor is not a sentence imposed by the Criminal Law of the People’s Republic of China, but an administrative sanction imposed by laws and administrative regulations. Since the central government released the signal of the reform of the labor camp system in October 2012, all sectors of society have drawn great attention and this has led to a new round of discussion on the system of labor camp education. At the beginning of the new year, the magazine specially organized articles on the related issues in this discussion to clarify the relative confusion and ambiguity in the discussion and hoped that it would be helpful to promote the reform of the judicial system in our country.