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如何改革劳动教养制度已经成为众目关注的焦点。在五十多年的发展根基上进行制度重构,取其精华、弃其糟粕,这是解决问题的最佳方案。本文通过对相关概念的解析,在“劳动教养制度存废论”的基础上对这项制度重构的可行性进行分析,为劳动教养立法科学理论的建设进行有益的探索。
How to reform the system of reeducation through labor has become the focus of public attention. At the foundation of more than 50 years of development, it is the best solution to the problem of carrying out institutional reconstruction, taking its essence and abandoning its dross. Based on the analysis of relevant concepts, this article analyzes the feasibility of this system reconstruction based on the theory of “Existentialism and abolition of the system of reeducation through labor”, and conducts a useful exploration for the construction of the scientific theory of reeducation through labor.