劳动教养制度性质辨析

劳动教养的性质历来是学界争议很大的一个问题.目前,学界对此存在强制性行政措施说、行政处罚说、预防性司法处分说三种主要学说.劳动教养的性质问题是劳动教养制度的根本性问题,它不仅体现了现阶段人们对劳动教养制度的认识水平,而且决定了劳动教养制度未来的发展方向.从现阶段劳动教养制度的内容及社会需要的角度看,劳动教养是最严厉的剥夺人身自由的行政处罚措施.

On the Nature of the System of Reeducation Through Labor

There are many disputes on the issue of the nature of the system of reeducation through labor among researchers. At present, there are three main theories in the academic circles, which are the theory of compulsory administrative measure, the theory of administrative sanction and the theory of preventive judicial punishment. The problem of the nature of this system is a fundamental problem, which not only reflects the current people＇ s level of understanding system, but also determines its development direction. From the perspective of the contents of the system and needs of the society, the author concludes that the nature of the system of reedu- cation through labor is the most severe deprivation of oersonal liberty administrative sanction.