论文部分内容阅读
文章从宪政的视角审视我国现行劳动教养制度存在的问题并提出了对该制度改革的设想。劳动教养制度存在与现行法律规定相冲突、与行政法原则不相符合、与权力制约和人权保障原则相背离等问题。劳动教养制度产生之初的时代背景已经发生了很大的变化,要求制度也要作相应的变化。目前谈论废除这一制度是不合时宜的,应当通改进立法,规范劳动教养的适用对象和范围、适用程序以及执行,强化人民检察院的法律监督,体现法治原则和人权保障的精神。
The article examines the problems existing in the existing system of reeducation through labor from the perspective of constitutional government and puts forward the idea of the reform of the system. The system of reeducation through labor conflicts with the existing laws and regulations, the incompatibility with the principles of administrative law, and the separation of powers and the safeguard of human rights. The background of the beginning of the system of re-education through labor has undergone tremendous changes, and the system has to be changed accordingly. At present, talking about the abolition of this system is outdated. We should improve legislation, standardize the scope and application of re-education through labor, apply procedures and enforce and strengthen the legal supervision of people’s procuratorates, so as to reflect the principle of the rule of law and the guarantee of human rights.