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我国现行劳动教养制度的审批权缺乏有效的监督,其处罚程度比管制和拘役甚至于比短徒刑还要严厉,也与《立法法》《行政处罚法》的规定发生抵触。为此,应从行政模式和刑事模式两方面对劳动教养制度进行改革。
The current power of reviewing and approving the system of reeducation through labor in our country lacks effective supervision. The extent of punishment is even more severe than the control and detention even for the short sentences, and also conflicts with the “Administrative Punishment Law” of the “Legislation Law.” Therefore, we should reform the system of re-education through labor from both the administrative and criminal modes.