劳动教养是一种强制被教养人接受教育改造的行政措施,它既不是行政处罚,更不是刑事制裁,但却要在一定程度上限制被教养人的人身自由,具有相当的严厉性,而且一次就可以处三年期限的劳动教养。因此,对行为人给予劳动教养还是追究刑事责任,有时会出现分歧意见。司法实践中遇到的一个现实问题是:被处劳动教养的同一行为,是否仍可以追究刑事责任。 Reeducation through labor is a kind of administrative measure to forcibly reeducated people to receive education and reform. It is neither an administrative sanction nor a criminal sanction, but to a certain extent limits the personal freedom of the recuperated people, You can place a three-year term of reeducation through labor. Therefore, it is still a criminal responsibility to give corrections to rehabilitative workers, sometimes with disagreements. A practical problem encountered in judicial practice is whether the same behavior as being reeducated through labor can still be investigated for criminal responsibility.