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劳动教养制度因存在侵犯人权、缺乏正当性和破坏我国法制统一等诸多缺陷而备受指责,为顺应人权保障的需要及法律现代化潮流,对劳动教养制度进行改造已非常迫切。劳动教养因具有收容教育违法犯罪人员、预防违法犯罪和防卫社会目的等特点,与大陆法系国家的保安处分非常相似。保安处分在立法宗旨、对象、功能等方面与劳动教养有着相似之处,在中国吸收保安处分具备思想基础,更为重要的是在中国虽无保安处分之名,却有保安处分之实。从社会治安综合治理这个总的刑事政策来分析,劳动教养保安处分化因符合效率、公平与自由、秩序四种价值,因此符合刑事政策价值目标。对劳动教养对象适用保安处分应设定具体的构成要件,总原则是对我国已有的保安处分措施进行梳理改造,然后借鉴吸收国外保安处分措施,构建我国一体化的保安处分体系。
Due to many shortcomings such as human rights violations, lack of legitimacy and undermining of China’s legal system, the system of re-education through labor has been criticized. In order to comply with the needs of human rights protection and the modernization of the law, it is imperative to reform the system of re-education through labor. Reeducation through labor has the characteristics of accepting and educating criminals, preventing crimes and safeguarding the social purpose, and is very similar to the security measures of civil law countries. Security measures have similarities with reeducation-through-labor in the aspects of legislative purpose, object, function, etc. It is more important to absorb security guards in China. More importantly, there is no security guards in China. From the perspective of the general criminal policy of comprehensive management of social order, it is in conformity with the four objectives of efficiency, fairness, freedom and order that the punishment of recuperation and recuperation by security of labor system meets the value target of criminal policy. The object of reeducation through labor should be set to specific elements of the security measures, the general principle is to sort out the transformation of our existing security measures, and then learn from the absorption of foreign security measures to build our integrated security system.