「以勞動價值產出，做為矯治罪犯的統治手段」是極權政體國家的特徵之一，中共勞教制度從最初做為反右派的清算工具，到末期成為未達刑事犯罪標準的處罰形式，該制度從1957年實施到2013年11月15日宣布廢止，期間所引發相關人權及法制爭議批評不斷。廢止改革過程中，由於其法律定位不明，勞教制度本身究係單純行政強制措施、行政處罰亦或刑事處罰的一種，不斷引發相關學者爭論。本文嘗試藉由整理勞教制度相關法規及規範文件，企圖解構中共勞教制度，並進行適法性探討，而廢止前各理論改革學派見解、廢止後意義及未來「社區矯正制度」走向亦鋪陳敘明，期待中國大陸能有效落實其「依法治國」之原則。 One of the characteristics of totalitarian regime is to stimulate the value of labor for criminal correction as means of control. The re-education through labor system in China was used as a tool of liquidation for the anti-Rightist at the beginning, to a type of punishment in later years for illegal behaviors in addition to those sanctioned under criminal code. The system was carried out in 1957 and abolished on Nov. 15th in 2013 due to criticism from both human rights and legal controversies during implementation. Through the process of abolishing, there are constant debates among scholars on whether the system is simply an administrative coercive measure, administrative punishment or criminal punishment due to the uncertainty of legal orientation. The purpose of this article is to compile the relevant laws and regulations, analyze the structure of re-education through labor system in China and study its legal feasibility. Also examine all aspects of theories developed before abolishing the system, and apprehend the meaning and the future orientation of community correction after abolishment. It is expected that the Principles of Ruling the Country by Law can be effectively implemented in China.
