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劳动教养制度自其产生至今已近半个世纪,可以说伴随着我国法制建设发展的始终。其功过是非自有评说。不过,就目前而言,最受各方普遍关注的是,劳动教养制度到底该不该立法,何时立法,该立什么样的法。这就必然牵涉到劳动教养制度的存废和定位、与国家权力分配、与人权保障、与司法体制改革等诸多问题,即涉及到宪政、法理、法律史、刑法、行政法、诉讼法等整个法律体系中的方方面面。劳动教养立法需要有坚实的理论基础加以支撑。正是基于此目的,本刊在“北京大学刑事法理论研究所中国劳动教养立法研究课题组”的支持和帮助下,就“劳动教养制度与中国法制建设问题展开专题研讨,欢迎广大读者参加。
The system of re-education through labor has been nearly half a century since its birth and can be said to have accompanied the development of the legal system in our country. Its merits and demerits are non-self-commentary. However, for the time being, the most common concern of all parties is whether the system of labor re-education should be enacted or not, when it should be legislated, and what kind of legislation should be established. This inevitably involves many problems such as the abolition and abolition of the system of reeducation through labor, the distribution of state power, the protection of human rights and the reform of the judicial system, that is, the entire constitutional, legal, legal history, criminal law, administrative law and procedural law All aspects of the legal system. The reeducation through labor legislation needs a solid theoretical basis to support it. It is precisely for this purpose that we support the “Reeducation through Labor System” and the construction of China’s legal system with the support and assistance of the “Study Group on the Legislation of Reeducation-through-Labor-Labor in China by the Peking University Institute of Criminal Law.” We welcome the readers to participate.