国务院关于劳动教养问题的决定（中英对照） Decision of the State Council on the Question of Re-Education Through Labor （Chinese and English bilingual）

国务院关于劳动教养问题的决定（中英对照）

Decision of the State Council on the Question of Re-Education Through Labor （Chinese and English  bilingual）

（1957年8月1日全国人民代表大会常务委员会第七十八次会议通过）

(Approved at the 78th Meeting of the Standing Committee of the National People's Congress on August 1, 1957)

国务院关于劳动教养问题的决定

Decision of the State Council on the Question of Re-Education Through Labor

根据中华人民共和国宪法第一百条的规定，为了把游手好闲、违反法纪、不务正业的有劳动力的人，改造成为自食其力的新人；为了进一步维护公共秩序，有利于社会主义建设，对于劳动教养问题，作如下决定：

The following decision regarding the question of rehabilitation through labour is made in accordance with the provisions of Article 100 of the Constitution of the People's Republic of China and with a view to reforming those persons who are able to work but insist on leading an idle life, violating law and discipline, or will not engage in honest pursuits, into persons who are able to support themselves through their own labour, and to further maintaining public order, thus facilitating socialist construction:

一、对于下列几种人应当加以收容实行劳动教养：

(A) Persons of the following categories shall be interned for rehabilitation through labour:

（1）不务正业，有流氓行为或者有不追究刑事责任的盗窃、诈骗等行为，违反治安管理、屡教不改的；

(1) Those who will not engage in honest pursuits, involve themselves in hooliganism, commit larceny, fraud or other acts for which they are not criminally liable or violate public security rules and refuse to mend their ways despite repeated admonition;

（2）罪行轻微，不追究刑事责任的反革命分子、反社会主义的反动分子，受到机关、团体、企业、学校等单位的开除处分，无生活出路的；

(2) Counterrevolutionaries and anti-socialist reactionaries who commit minor offences and are not criminally liable and who have been given sanctions of expulsion by government organs, people's organizations, enterprises or schools, and as a result have difficulty in making a living;

（3）机关、团体、企业、学校等单位内，有劳动力，但长期拒绝劳动或者破坏纪律、妨害公共秩序，受到开除处分，无生活出路的；

(3) Employees of government organs, people's organizations, enterprises and schools who are able-bodied, but have refused to work for a long period, violated discipline or jeopardized public order, and have been given sanctions of expulsion, and as a result have difficulty in making a living; or

（4）不服从工作的分配和就业转业的安置，或者不接受从事劳动生产的劝导，不断地无理取闹、妨害公务、屡教不改的。

(4) Persons who refuse to accept the work assigned to them or the arrangement made for their employment and settlement after their demobilization from military service, or who decline to take part in manual labour and production despite persuasion, keep behaving disruptively on purpose, obstruct public officials from performing their duties and refuse to mend their ways despite repeated admonition.

二、劳动教养，是对于被劳动教养的人实行强制性教育改造的一种措施，也是对他们安置就业的一种办法。

(B) Rehabilitation through labour is a measure whereby education and reform are mandatorily imposed on persons who are interned for rehabilitation through labour, and is also a measure to resettle them and provide employment for them.

对于被劳动教养的人，应当按照其劳动成果发给适当的工资，并且可以酌量扣出其一部分工资，作为其家属赡养费或者本人安家立业的储备金。

Persons undergoing rehabilitation through labour shall be appropriately paid with wages according to the actual work they do; a suitable amount may be deducted from their wages for the support of their dependents or reserved for their own expenses in settling down to a stable life.

被劳动教养的人，在劳动教养期间，必须遵守劳动教养机关规定的纪律，违反纪律的，应当受到行政处分，违法犯罪的，应当依法处理。

Persons undergoing rehabilitation through labour must abide by the discipline prescribed by the organs in charge of rehabilitation through labour. Those who violate discipline shall be given administrative sanctions and those who commit criminal offences shall be punished according to law.

在教育管理方面，应当采用劳动生产和政治教育相结合的方针，并且规定他们必须遵守的纪律和制度，帮助他们建立爱国守法和劳动光荣的观念，学习劳动生产的技术，养成爱好劳动的习惯，使他们成为参加社会主义建设的自食其力的劳动者。

For the education and management of the persons undergoing rehabilitation, the policy of combining labour and production with political education shall be adopted, and disciplinary rules and regulations shall be prescribed for such persons to strictly observe. Help shall be given to them in cultivating their consciousness of loving the country, abiding by the law and regarding work as a matter of honour, in learning skills of labour and production, and in fostering a habit of loving manual labour so that they may be turned into working people who take part in socialist construction and who support themselves by their own labour.

三、需要实行劳动教养的人，由民政、公安部门，所在机关、团体、企业、学校等单位，或者家长、监护人提出申请，经省、自治区、直辖市人民委员会或者它们委托的机关批准。

(C) Petitions for persons to be interned for rehabilitation through labour shall be presented by departments of civil affairs or public security, by the units such persons belong to, which may be government organs, people's organizations, enterprises, schools, etc., or by their parents or guardians and shall be approved by the people's councils of provinces, autonomous regions, and municipalities directly under the Central Government or by organs authorized by these people's councils.

四、被劳动教育的人，在劳动教养期间，表现良好而有就业条件的，经劳动教养机关批准，可以另行就业；原送请劳动教养的单位、家长、监护人请求领回自行负责管教的，劳动教养机关也可以酌情批准。

(D) If, in the course of their rehabilitation, persons undergoing rehabilitation through labour have mended their ways and are qualified for employment, they may be provided with other employments upon the approval of the organs in charge of rehabilitation through labour; if the units, parents or guardians who have previously petitioned for the persons concerned to be interned for rehabilitation through labour present another petition requesting that such persons be turned over to them for education and supervision, the organs in charge of rehabilitation through labour may also approve such petitions according to the actual conditions.

五、劳动教养机关，在省、自治区、直辖市一级建立或者经省、自治区、直辖市人民委员会批准建立。劳动教养机关的工作，由民政、公安部门共同负责领导和管理。

(E) Organs in charge of rehabilitation through labour shall be established at the level of provinces, autonomous regions, and municipalities directly under the Central Government or established with the approval of the people's councils of provinces, autonomous regions, and municipalities directly under the Central Government. The work of the organs in charge of rehabilitation through labour shall be under the joint leadership and administration of the departments of civil affairs and public security.