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中国的劳动教养制度经历了50多年的发展历程,但其运行机制与我国宪法等保护公民人身自由的法律要求存在诸多矛盾。本文在对历史进行反思的基础上,指出劳动教养制度改革和发展的前途在于司法化,应当按照法定原则、比例性原则和必要性原则等法治的普遍原则进行立法,并从理论、程序和实体三个方面提出了具体的劳动教养立法构想。
China’s system of re-education through labor has experienced more than 50 years of development, but there are many contradictions between its operating mechanism and the legal requirements of protecting the personal freedom of citizens in China’s constitution. Based on the reflection of history, this article points out that the future of the reform and development of the system of re-education through labor is in the process of judicialization. Legislation should be based on the general principles of the rule of law such as statutory principle, proportionality principle and necessity principle. From the perspective of theory, procedure and entity Three aspects put forward specific legislative ideas on reeducation through labor.