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劳动教养制度创立于20世纪50年代,50多年来,该制度在预防和减少犯罪,教育挽轻微救违法犯罪人员等方面发挥了重要作用。随着社会的发展,这项产生于建国初期特殊环境中的制度并未应时而变,越来越多结构、法理或实践上的矛盾暴露出来,这影响了劳动教养制度自身的发展,也影响了建设法治国家的历史进程。当下中国对这种制度仍然具有现实需要性,对劳动教养以保安教养化为核心的重新定位和功能再造是其可能的未来之路。
The system of re-education through labor was established in the 1950s. For more than 50 years, the system has played an important role in preventing and reducing crime and in educating and tending crime criminals. With the development of the society, this system resulting from the special circumstances of the early days of the founding of the PRC did not change from time to time. More and more contradictions in structure, jurisprudence or practice have been exposed, which has affected its own development and also affected The historical process of building a country ruled by law. At present, China still has the realistic need for such a system. The reorientation and reengineering of reeducation through labor as the core of re-education through labor are its possible future road.