《违法行为矫治法》之性质解读

《违法行为矫治法》脱胎于劳动教养制度。劳动教养制度因其法律依据不足,审批程序混乱而备受诘难,以《违法行为矫治法》取代劳动教养制度是当前立法趋势。在出台该法之前,必须对其准确定性。其不是行政刑法,违法行为矫治也不属于行政处罚,应当将违法行为矫治定性为行政强制措施,以凸显其可诉性、非惩罚性以及保安性之特质。这样定性对该法内容及执行方式都有重要影响。

On the Nature of the Law of Correcting Unlawful Action

The Law of Correcting the Unlawful Action derives from the Rehabilitation-through-labour System,which has been criticized because of the absence of legal foundation and the confusion of approval procedures.It's the tendency to take the place of the Rehabilitation-through-labour System with the Law of Correcting the Unlawful Action.The nature of the Law of Correcting the Unlawful Action should be determined correctly before its promulgation.The Law of Correcting the Unlawful Action does not belong to Administrative Criminal Law,nor the measure of correcting the unlawful action,but to the administrative coercive measures to stress its litigiousness,unpunitiveness and its characteristic of keeping security.This determination of the nature of the Law of Correcting the Unlawful Action will affect its contents and its executive ways.