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一、劳动教养的审批程序 关于劳教的审批权,目前的法律、法规规定不很明确。依笔者浅见,劳动教养审批程序可做如下规定:各省、自治区、直辖市和大中城市人民政府组成的劳动教养管理委员会(以下简称劳教委)是以法律、法规规定而成立的领导和管理劳动教养工作的机构,在现阶段不能消弱更不能撤销,而应大力健全和加强。它可以在领导和管理劳动教养工作的同时,以书面方式委托各地公安机关审查批准需要劳动教养的人。这里要明确以下两点:第一,根据公安部[89]公(法)字69号《关于可否将劳动教养审批权委托区县公安局行使问题的批复》的规定,公安机关不能自行决定将审批劳教的权力委托各公安分局、县公安局行使。因此,受劳教委委托审批劳动教养的公安机关只能是地、市级以上的公安机关;第二,受委托的公安
I. Approval Procedure for Re-education through Labor Regarding the power of vetting and approval of labor camps, the current laws and regulations are not very clear. In light of the author’s opinion, the re-education through labor examination and approval process can make the following provisions: The reeducation-through-labor-management committee (hereinafter referred to as the labor education commission) composed of the people’s governments of all provinces, autonomous regions, municipalities directly under the Central Government and large and medium-sized cities is the one established by the laws and regulations to lead and manage reeducation- The organs of work that can not be weakened at this stage can not be revoked, but should be vigorously perfected and strengthened. While it can lead and manage reeducation through labor, it can entrust public security organs in written form to examine and approve those who need reeducation through labor. Here are the following two points clearly: First, according to the provisions of the Public Security Department [89] Public (Law) No. 69, “On the Approval of the Reeducation through Labor for the Authorization of the District Public Security Bureau,” the public security organ can not decide The power of examining and approving labor camps entrusts various public security bureaus and county public security bureaus to exercise their powers. Therefore, the public security organs commissioned by the labor-education commission for examination and approval of labor re-education can only be the public security organs above the prefectural and municipal levels. Second, the public security organ entrusted