中國勞動教養之流變、困境與出路: 與《公民權利與政治權利國際公約》的銜接

Although re-education through labour once played an important role in China, it has gradually transformed and led to its present predicament, i.e., its legality and constitutionality have been questionable. The issue of legality can be resolved through the enactment of a national law to incorporate the system of re-education through labour. The system is, however, in its nature inconsistent with the International Covenant on Civil and Political Rights (ICCPR) and the rule of law principle, and should therefore be abolished. Despite its illegality and unconstitutionality, the system of re-education through has continued to exist in China until today. One essential reason is that there does not exist an effective constitutional review system in China.