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劳动教养制度作为我国特有的一项法律制度,重点是为了解决处于犯罪边缘的违法行为的社会控制问题,故准确定位劳动教养制度的性质极为关键。本文以此为切入点,将劳动教养制度定位为介于刑罚和行政处罚之间的一项独立的法律责任制度,与刑罚中的自由刑、行政处罚中的拘留刑共同构成我国限制或者剥夺人身自由的完整的法律处分体系,提出构建完整的司法矫治化型的劳动教养制度及操作体系,以求与我国法治社会发展和社会公共需求相适应。
As a peculiar legal system in our country, the system of reeducation through labor mainly focuses on solving the social control problem of offenses at the edge of crime. Therefore, it is very crucial to locate the system of reeducation through labor accurately. This article takes this as the starting point, positioning the system of reeducation through labor as an independent legal responsibility system between the punishment and the administrative penalty, together with the free punishment in the punishment and the detention punishment in the administrative punishment, which constitutes the restriction of our country or deprives the person Free and complete system of legal sanctions, put forward to establish a complete system of judicial rehabilitative reeducation through labor and operation system in order to meet the social development of our country under the rule of law and social public needs.