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由于历史原因和立法上的先天不足,劳动教养制度存在着许多与《立法法》有冲突的地方,以至改革的呼声不断。随着我国政府“依法治国”方针的确立和“以人为本”的理念的树立,劳动教养的立法改革终于提上了日程。本文将主要围绕我国劳动教养决定的审批程序及其监督程序,分别就审批机关、审批程序、劳教人员的权利保障和检察机关的监督等存在的问题进行论述,并提出合理建议。
Due to historical reasons and the inherent deficiencies in legislation, there are many conflicts in the system of re-education through labor with the “Legislation Law” and even the constant calls for reform. With the establishment of our government’s principle of “governing the country according to law” and the concept of “people-oriented”, the legislative reform of reeducation through labor has finally been put on the agenda. This paper will focus on the examination and approval process and its supervisory procedure of China’s decision of reeducation through labor, discuss the problems existing in the examination and approval authority, the approval procedure, the protection of the rights of reeducation-through-labor and the supervision of procuratorial organs, etc., and give reasonable suggestions.