%0 Journal Article
%T 劳动教养废除之公民权利的保护
Protection of Civil Rights in the Case of the Abolition of Re-Education through Labor
%A 陈冠旭
%J Dispute Settlement
%P 273-277
%@ 2379-3104
%D 2024
%I Hans Publishing
%R 10.12677/ds.2024.1011464
%X 劳动教养制度是用劳动的办法教化被执行人的内心，最开始为了惩治反革命对象，后来变为一种行政处罚措施。劳动教养对象由原来的两种变为十种，打击范围不断扩大；劳动教养适用的程序以及对该执行过程的监督并不完善；劳动教养制度与宪法规定相冲突、与国际公约相冲突，存在着严重侵犯公民基本权利的现象。劳动教养制度的废除是法律发展过程中，剔除滞后性法规、条文的表现，也是我国逐步推进法治国家建设的重要表现。法律唯有真正做到制约国家公权力、保护人民私权利，才会真正被人民信仰。
The re-education through labor system is a method of teaching the inner thoughts of the detainees through labor, which was initially used to punish counter-revolutionary targets, and later became an administrative punishment measure. The scope of the re-education through labor targets has expanded from two categories to ten categories, and the procedures for its application and the supervision of its implementation are not perfect. The re-education through labor system is in conflict with the provisions of the Constitution and international conventions, and there are serious violations of citizens’ basic rights. The abolition of the re-education through labor system is a manifestation of the elimination of outdated laws and provisions in the process of legal development, and is also an important expression of China’s gradual promotion of the construction of a rule of law. Law can only truly restrain state power and protect people’s private rights to be truly believed by the people.
%K 劳动教养，
%K 人权保护，
%K 公民基本权利，
%K 法律监督与制约
Labor Re-Education
%K Human Rights Protection
%K Citizen’
%K s Basic Rights
%K Legal Supervision and Restraint
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=101345