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劳动教养制度在我国法律制度创建过程中,发挥了积极的作用,尤其是在维护社会稳定、打击违法活动和轻微犯罪方面起到了其他法律、法规所无法替代的重要补充作用。然而时至今日,该制度却暴露出诸如欠缺合法性等缺陷,从而也引出了劳动教养制度是存是废的问题。本文试图对我国的劳动教养制度加以分析和探讨,提出了劳动教养制度存在的合理性。
The system of re-education through labor has played a positive role in the process of establishing the legal system in our country. It has played an important complementary role that other laws and regulations can not replace, in particular, in safeguarding social stability, cracking down illegal activities and minor crimes. However, up till now, the system has revealed defects such as the lack of legitimacy, which also leads to the existence of the system of reeducation through labor. This article attempts to analyze and discuss the system of reeducation through labor in our country and puts forward the rationality of reeducation through labor system.