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劳动教养制度本系特殊历史条件下的产物,在建国之初,作为社会综合治理的办法是有其历史的合理性。但是,就目前来说,劳动教养制度已不合时宜。劳教制度的发展历程蕴藏着两种价值观的对立,当自由与秩序两种法律价值相冲突时,应当优先保障自由的法益。这两种价值观对立的本质实际上是传统的国家本位价值观念受到了前所未有的挑战,是公权力对私权利的漠视,而权利本位是私权,公权是服务从属于私权的,可以说对公权的限制是衡量我国法治水平及宪政生态的一把标尺,因此废除劳教制度势在必行。
The system of re-education through labor under the special historical conditions of our department at the beginning of the founding of the People’s Republic of China has its historical rationality as a measure for the comprehensive management of the society. However, for now, the system of re-education through labor has become outdated. The development of the system of labor camp education contains the opposition of two kinds of values. When the two legal values of freedom and order conflict, priority should be given to the legal benefits of freedom. The essence of these two kinds of values is that the traditional values of the state as a unit have been hitherto unknown challenges. They are the disregard of public rights by private power. The standard of rights is the private right. Public power is the service subordinate to private rights. Restrictions on public power is a measure of the level of the rule of law and constitutional ecology in our country. Therefore, the abolition of the system of labor camps is imperative.