关键词: 劳动教养, 违法行为矫治化, 劳动教养管理委员会, 权力制衡, 权利救济

Abstract:

Reeducation through labor system is a product of social governance with Chinese characteristics. It has played an important role in safeguarding public security and citizens’ daily life and work. However，the system also faces problems in aspects of rationality，legitimacy and normativeness. The normativeness problems including the weak balance of power，improper daily management and sluggish channels of relief are particularly serious. In the context of the rule of law and respect for human rights，the 3rd Plenary Session of the 18th Central Committee of the CPC abolished reeducation through labor system and accelerated reform of rehabilitation of illegal actions. According to the legal principles of balance of power and legitimate procedure，the procedures of accusation，trial and enforcement should be carried out separately in the rehabilitation of illegal actions; meanwhile，the administration model should be innovated，and supervision of the relief channels strengthened.