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劳动教养制度在当前语境下应予以务实地考量,在现行制度体系中促成其内化完善以及当下自洽。运用实证分析法对劳教制度进行历史考证,可以明确其“狭义法律”之位阶并证成劳动教养之“行政处罚措施”性质;劳动教养制度的程序完善在于具象化“劳动教养管理委员会”并内设法制部门,从而制衡公安机关审批权限;劳动教养的处罚期限应予合理限缩;劳动教养制度设计及执行中对“教”之内涵即“传授知识技能”应予系统化谋断及科学构建;为了阐释劳动教养制度的法律正义,对劳教人员的劳动报酬问题也应重新审视并作出合理设计。在彰显当前劳动教养制度的合法性、合理性中进行严肃讨论方能期待其完成当下之自洽。
In the current context, the system of reeducation through labor should be pragmatically considered, and its internalization should be improved and self-consistent in the current system of institutions. Using the positive analysis method to conduct a historical research on the system of labor camp education, we can clearly define its rank of “narrow law” and prove it as “the form of administrative punishment”. The procedure improvement of the system of re-education through labor is in the form of “figurative” labor Correctional Management Committee “and the establishment of legal departments, in order to check and balance the authority of the public security organs examination and approval; reeducation through labor punishment period should be reasonably narrowed; the reeducation through labor system design and implementation of ” teaching “of the meaning that” impart knowledge and skills In order to explain the legal justice of reeducation-through-labor system, the labor remuneration of reeducation-through-labor staff should be re-examined and rationally designed. It is hoped that they will be able to complete their current self-consistentness by seriously discussing the legitimacy and rationality of the current system of re-education through labor.