我国劳动教养制度的建立已有几十年的历史,在我国的法治建设的进程中起到了一定的积极作用,但该制度的运行在实践和理论上存在着巨大的缺陷,理论界出现了存废劳动教养制度的不同观点。本文从劳动教养制度的缺陷入手,提出在法制体系不断完善,法治观念不断深入人心的新形式下确有废除的必要。 The system of reeducation through labor in our country has been established for several decades and has played a positive role in the process of the rule of law in our country. However, there are tremendous shortcomings in the operation and theory of the system, Different views on the system of reemployment by labor. This paper starts with the defects of the system of reeducation through labor and puts forward the necessity of abolishing it under the new form of constantly improving the legal system and continuously deepening the concept of the rule of law.