中國大陸人權與法治的瓶頸：以勞動教養制度的爭議為例

The Predicament of Human Rights and the Rule of Law in Mainland China: The Controversy of Re-education through Labor System as an Example

本文從勞動教養制度的歷史脈絡與爭議問題，來檢視中國大陸人權與法治的發展所面臨到的瓶頸。勞動教養制度指對有輕微犯罪行為的人，實行收容以進行強制教育改造的行政措施；中共過去用來作為反右鬥爭的手段，後來逐漸轉變成維持社會秩序的工具。勞動教養制度最主要的問題在於被濫用、缺乏明確的合法性、以及對人身自由的侵害，因而自1990年代起，其去留存廢產生越來越多的爭論，考驗著近年來逐漸接納國際人權規範、強調依法治國的中國大陸。

The purpose of this article is to examine the predicament of human rights and the rule of law in terms of the history of the re-education through labor (RETL) system and its controversy in Mainland China. The system is an administrative sanction that punishes perpetrators of minor crimes by enforcing re-education on them in labor camps. The Chinese Communist Party (CCP) implemented the RETL in the anti-rightist campaign at first and then turned it into the leverage for maintaining social order. The major problems of the RETL, however, are its misuse and abuse, questionable legality, and violation of individual freedom. As the result, there has been more and more debate on the future of the RETL since 1990s, which challenges the Chinese government when it is prepared to accept international human-rights standards and emphasize the rule of law in recent years.