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《公民权利与政治权利国际公约》已由中国政府签署。《公约》第八条规定了免于强迫劳动权及权利限制的几种情况。我国劳动教养制度与《公约》该项权利存在直接的法律抵触。理论上我国有保留、废除、修改三种法律调整之可能。本文主张以修改方式完善劳动教养制度。
The “International Covenant on Civil and Political Rights” has been signed by the Chinese government. Article 8 of the Covenant provides several conditions free from the restriction of forced labor and of rights. China’s system of re-education through labor has a direct legal contradiction with this right in the “Convention.” Theoretically, our country has the possibility of reserving, abolishing, amending three kinds of law adjustments. This article advocates improving the system of reeducation through revision.