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劳动教养制度如今弊端重重,为此学者们围绕着劳动教养何去何从的问题展开了“存废之争”、“地位之争”和“程序之争”。立足废除论的立场,应当将目前的劳动教养制度中有益元素分类归位于刑法之中,以摆脱当前劳动教养制度与民主法治相背离的尴尬局面。
The system of reeducation through labor nowadays has many drawbacks. Therefore, the scholars have started the “dispute over the status quo” and “the dispute over status” and the “dispute over the procedure” around the question of where to revalue through labor. Based on the abolitionist standpoint, the current beneficial elements in the system of re-education through labor should be classified in criminal law so as to get rid of the embarrassing situation that divides the current system of re-education through labor from democracy and the rule of law.