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近年来,由于合理性缺失、执法依据与法律冲突等原因,劳教制度广受质疑,成为社会的热点问题。在席卷全国的废立争议中,2013年底,在我国延续半个多世纪的劳教制度被正式废止,但劳教制度遗留的后续问题依然存在,各地都面临制度和实务的相关问题。这些问题的解决亟需法治思维支撑,并以法治方式体现。本文以人权为视角,以实践问题为导向,试图对劳教制度废止后的影响进行分析,并提出相对合理的应对策略,以期为政府行为提供思路,并对司法实践有所服务。
In recent years, due to lack of rationality, law enforcement basis and conflict of laws, the system of labor camps has been widely questioned and become a hot issue in society. Among the dismantling controversies sweeping across the country, the system of reeducation through labor in our country, which lasted for more than half a century, was officially abolished at the end of 2013. However, the problems that persist behind the reformatory system still exist and all localities are facing problems related to systems and practices. The solution to these problems urgently needs support from the rule of law and is reflected by the rule of law. This article takes human rights as the perspective and practical problems as the guide, attempts to analyze the impact of abolishing the labor-education system, and proposes a relatively reasonable coping strategy in order to provide ideas for the government’s behavior and to serve the judicial practice.