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2013年11月12日,十八届三中全会通过《中共中央关于全面深化改革若干重大问题的决定》,决定废止劳动教养制度(以下简称劳教制度)。自此,在我国存在了56年的劳教制度退出历史舞台,这导致原由劳教制度调整的行为如何处理成为新的问题。笔者试就此类问题进行探讨,以期推动劳教制度废止后刑事司法的完善。
On November 12, 2013, the Third Plenary Session of the 18th CPC Central Committee passed the Decision of the CPC Central Committee on Several Important Issues concerning the Overall Deepening of Reform, and decided to abolish the system of re-education in labor (hereinafter referred to as the system of re-education through labor). Since then, the existence of 56-year-old labor camp system in our country has been withdrawn from the stage of history, which has led to the question of how to deal with behavior originally regulated by the system of labor camp reform. The author tries to discuss such issues in order to promote the improvement of criminal justice after the repeal of the labor camp system.