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收容教育制度在新中国成立之初的社会改造运动中,为消灭旧中国娼妓等现象发挥过不可取代的重要作用。时代变迁后,该制度在合法性、合理性上显现出先天性瑕疵和缺陷,且与法治国家基本要求发生牴牾。该项制度与法治原则看似偶然、实则必然的冲突背后隐含了深刻而复杂的文化根源。收容教育制度体现了性禁忌与惩罚的历史沉淀,也体现了法律强制与法律渊源之间有机联系相对缺失的传统,更彰显了道德、法律含混不清传统的当代变异。正是这种根植于中华法律文化传统中悠远而弥坚的文化因子,从存续及废除两方面引发对该制度是否符合法治原则的思考。
The system of accommodating education played an irreplaceable and important role in eradicating the phenomenon of prostitution in old China during the social reform movement inception of the People’s Republic of China. After the change of the times, the system shows its inherent flaws and defects in its legitimacy and rationality, and it is in contradiction with the basic requirements of a country ruled by law. This system and the principle of the rule of law appear to coincide with each other. However, inherently inevitable conflicts imply deep and complex cultural roots. The system of accommodating education embodies the historical precipitation of sexual taboos and punishment, as well as the tradition of lack of organic links between legal coercion and legal sources, highlighting the traditional contemporary variations of ethics and law. It is this cultural factor that is rooted in the distant and strong corners of the legal and cultural traditions of China and sparks the thinking on whether the system is in line with the principle of the rule of law through its survival and abolition.