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非法劳教案绝不是孤零零的偶发个案,相反它们的存在却折射出我国劳动教养制度存在的程序价值缺位问题。劳教制度不仅局部违背了权力分工与制约的设计理念,也违背了程序协商和程序参与的基本要求。此外,劳教对象的范围具有相对不确定性,并且劳教决定时间的秋后算账色彩强烈。最后,还存在“重复劳教”以及“非法劳教”的认定难和救济难等问题。
The cases of illegal re-education through labor are by no means isolated cases, but their existence reflects the absence of procedural value in the system of re-education through labor in our country. The system of labor camps not only partially violated the design concept of division of powers and constraints, but also violated the basic requirements of procedural consultation and procedural participation. In addition, the scope of reeducation-through-labor camps is relatively uncertain and the re-education after labor camp decides time to settle accounts. Finally, there are still problems such as “repeated re-education through labor” and “illegal re-education through labor” and the difficulty in finding a remedy.