宪政视野下的劳动教养审批程序改革

劳动教养制度创立至今,为我国社会与政治稳定做出了积极贡献.但随着我国政治、经济和社会的急剧发展,改革现行劳动教养制度的要求日益强烈.劳动教养制度改革的核心是审批程序改革.当下,一些学者针对劳动教养的审批程序提出了各种改革方案.首先对劳动教养审批程序的发展历程进行回顾,然后对这些改革方案在目前面临的问题进行反思,最后,在宪政的视野下提出一些具体可行的制度设计.

The Reform of the Procedure of Examining of the System of Rehabilitation-through-labor under the Constitutionlism

The unique system of rehabilitation-through-labor in China has made positive contributions to our social and political stability since its establishment.However, with the rapid development of political,economic and social conditions, the existing system can no longer satisfy the need for the development of theories and practice.Therefore,the reform of the system of labor rehabilitation becomes a necessity. The author points out that the core problem of the reform lies in the procedure of examining and approving of rehabilitation through labor. Recently, some scholars proposed several projects concerning the procedure of examining and approving. The author first reviews history and development of the procedure of examining and approving, and then makes careful reflection on these projects confronted at present. After reflection, on the basis of the spirit of constitutionalism the author proposes some concrete suggestions concerning the reform and measures to be taken.