In an attempt to address some of the criticisms levied against the system of reeducation through labor (RTL or
laojiao) and regularize the procedures involved in the examination and approval of RTL cases, the Ministry of Public Security issued Regulations on the Handling of Reeducation Through Labor Cases by Public Security Organs in 2002. Although these regulations (translated here in full for the first time) introduced a number of new procedural steps to the process of imposing RTL—most notably, perhaps, the ability of certain potential targeted suspects to request a hearing during which the views of the police and the suspect can be aired—on the whole, they only added a veneer of proceduralism without truly addressing the fundamental problems of RTL. (Problems so great that the government has reached a consensus on the need for reform and some activists have called not only for the reform but the
abolition of RTL.)
As the regulations make clear, authority over investigation, review, and decision-making all remain inside the public security authority, with the differentiation between these functions only achieved through the proliferation of internal structures with different names. Decision-making is not independent of police authority, and those individuals who get the right to a hearing do not have the right to be defended by legal counsel. This means that for many the only way to get anything close to a fair hearing is by challenging an RTL decision through administrative litigation—a time-consuming and thus prohibitive option.
It remains to be seen what shape any new legislative overhaul of RTL might take and whether its provisions will address once and for all the many shortcomings of this controversial system.
Regulations on the Handling of Reeducation Through Labor Cases by Public Security Organs (April 12, 2002, MPS Notice [2002] No. 21)
(Chinese source)
Article 1: In order to standardize the procedures by which public security organs handle reeducation through labor [hereafter “RTL”] cases, guaranteeing that the review and approval authority for RTL enforces the law strictly and fairly and ensuring the quality of RTL cases, and to handle criminals and safeguard the legitimate rights and interests of citizens in accordance with the law, these regulations are enacted in accordance with the relevant laws and administrative regulations.
Article 2: The public security departments (bureaus) of each province, autonomous region, and directly administered municipality; the Xinjiang Production and Construction Corps Public Security Bureau; and the public security bureaus (divisions) of each prefecture, prefecture-level city, autonomous prefecture, and league shall establish RTL review and approval committees to serve as the review and approval body of RTL management committees at the same administrative level. They shall examine and approve RTL cases in accordance with the relevant laws, administrative regulations, and these regulations, and issue decisions in the name of the RTL management committees about whether to [impose] reeducation through labor.
The daily work of the RTL review and approval committees shall be undertaken by the legal affairs unit of the public security authority at that administrative level.
Article 3: The RTL review and approval committees at the provincial and prefectural level shall be made up of the following personnel: a chairperson, to be filled by the leading cadre in charge of the legal affairs work of the public security authority at that administrative level; a deputy chairperson, to be filled by the leading cadre in the legal affairs unit of the public security authority at that administrative level; and three to five members, selected from leading cadres from the legal affairs, police inspection, public order, criminal investigation, or other units of the public security authority at that administrative level. The RTL review and approval committee may review and issue decisions on RTL cases when two-thirds or more of its members are present.
When the RTL review and approval committee reviews cases handled by the public order, criminal investigation, or other case-handling units of the public security authority at that administrative level, members of those case-handling units who are on the review and approval committee shall recuse themselves.
Article 4: The handling of RTL cases must be based on the facts and take the law as criterion; the facts must be clear, the evidence reliable and sufficient, the determination [of wrongdoing] correct, and the punishment appropriate; the procedure must be lawful. RTL must not be used as a covert way of extending the detention period of criminal suspects for whom investigation cannot be concluded within the statutory detention limits, and those whose acts constitute a crime and, in accordance with the law, should be prosecuted for criminal liability must not be sent to RTL.
Article 5: The handling of RTL cases shall put into practice the policy of education, persuasion, and rehabilitation; obey the principles of openness, fairness, and timeliness; and safeguard the legitimate rights and interests of citizens in accordance with the law.
Article 6: The handling of RTL cases shall proceed according to the principle of separation between the case-handling unit and the verification unit.
The case-handling units and verification units of RTL cases shall divide their responsibilities and cooperate with and check each other in order to guarantee correct and effective enforcement of the law.
Article 7: Decisions to send those suspected of unlawful offenses to RTL must be made through collective deliberation. No person may have an RTL decision issued against him or her without prior deliberation by an RTL review and approval committee.
Article 8: The public security authority’s RTL review and approval committee shall deliberate and issue decisions about RTL cases in accordance with the law, administrative regulations, and these regulations, without illegal interference by other units or individuals.
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Article 9: Based upon the State Council Decision on the Issue of RTL and the State Council’s Supplementary Regulations on RTL, both approved by the National People’s Congress Standing Committee; the Ministry of Public Security’s Trial Measures for RTL, reissued by the State Council; and other laws and administrative regulations, persons aged 16 years or older who committed one of the following acts shall be sent to RTL in accordance with the law:
- Acts of endangering state security that are clearly minor in nature, wherein criminal punishment is not yet warranted;
- Membership in a criminal gang formed to murder, rob, rape, commit arson, kidnap, set explosions, or traffic women and children, wherein criminal punishment is not yet warranted;
- Subsequent commission of one the [following] illegal criminal acts, wherein criminal punishment is not yet warranted, either within five years of completing a criminal penalty, sentenced in accordance with the law, [for the one of following acts] or subsequent commission of one the [following acts] within three years of being lawfully fined by police or completing administrative detention, custody and education, or RTL issued by police: compulsory indecency; humiliating women; indecency with children; group promiscuity; luring juveniles to engage in group promiscuity; illegal detention; theft; fraud; forgery or resale of invoices; resale of train or boat tickets; forgery of price tags; sale of forged price tags; forcible seizure; group robbery; extortion; swindling; forgery; alteration; trafficking in official documents, credentials, or chops; or the harboring, transfer, purchase, or sale of stolen property;
- Endangering public safety by creating an atmosphere of terror or causing the public to panic; organizing or using a secret society or cult or use of superstition to undermine implementation of national laws; mass brawling; creating a serious disturbance; instigating turmoil; forcing purchases or sales to dominate the market; or disrupting social order through deeply engrained bad habits such as bullying, engaging in mischief, or oppressing the masses, wherein criminal punishment criminal punishment is not yet warranted;
- Deliberate provocations that disrupt the order of production, work, education or research, or daily life, as well as rejection or obstruction of state employees’ [efforts] to carry out their duties in accordance with the law but without the use of violence or threats;
- Instructing others to commit crimes, wherein criminal punishment is not yet warranted;
- Introducing or allowing others to engage in prostitution or solicit prostitutes; enticing others to engage in prostitution; gambling or providing conditions for gambling; or producing, reproducing, selling, renting, or disseminating pornography, in which the acts are of a rather serious nature but do not yet warrant criminal punishment;
- Engaging in prostitution or soliciting prostitutes after being lawfully warned, fined, or given administrative detention by the public security authority for engaging in prostitution or soliciting prostitutes;
- Taking or injecting drugs after having been sent to compulsory drug treatment for addiction to taking or injecting drugs;
- Other circumstances for which there is statutory basis for RTL.
Individuals who have committed offenses of endangering state security, endangering public safety, infringement of civil rights, infringement of property, or obstruction of social order management but whom, because the offense was minor in nature, a people’s procurate has opted not to prosecute or a people’s court has exempted from criminal punishment may be sent to RTL, in accordance with the law, where they meet the conditions for RTL.
Article 10: Decisions to send juveniles to RTL shall be strictly controlled.
Juveniles who commit unlawful offenses and are first-time offenders or students still in school and whose parents or other guardians have an effective ability to discipline them must not be sent to RTL; instead, their parents or other guardians shall be ordered to discipline them strictly.
The juvenile’s age and identity shall be determined by his or her actual situation at the time he or she committed the illegal criminal act.
Article 11: Mentally ill persons and the feebleminded must not be sent to RTL.
Blind, deaf, or mute persons; the seriously ill; pregnant women or women nursing their own infants under the age of one; and persons over the age of 60 who are no longer able to work due to illness or other reasons are generally not sent to RTL. Where there is truly a need for RTL, a simultaneous decision may be made to implement non-custodial RTL.
Persons suspected of an unlawful offense who injure or maim themselves in order to resist investigation or evade punishment shall, where they meet the conditions for RTL, be sent to RTL in accordance with the law.
For persons suspected of an unlawful offense who are covered by the provisions of Paragraphs 1 and 2 of this article, their age and physical condition shall be determined by the actual circumstances at the time that RTL is approved.
Article 12: Foreigners, stateless persons, and overseas Chinese who commit unlawful offenses within the territory of the People’s Republic of China; residents of Taiwan who commit offenses on the mainland; and residents of the Hong Kong or Macau special administrative regions who commit offenses on the mainland [but outside those regions] shall not be sent to RTL.
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Article 13: After investigation of a criminal or public-order case has been completed by the case-handling unit of a county-level public security authority, where it is deemed that the basic facts are clear, the basic evidence is reliable and sufficient, and the conditions for RTL have been met, a Request for RTL Approval shall be produced and, after verification by a responsible person from the case-handling unit, the chop of the case-handling unit shall be affixed and the request sent together with the case file to the legal affairs unit of the public security authority at that administrative level for verification.
A Request for RTL Approval shall record the following content:
- The basic details of the person suspected of the unlawful offense, including name, sex, full date of birth, identification card number, place of birth, ethnicity, level of education, employment, work unit, address, and criminal record;
- Facts and evidence for the unlawful offense;
- Reasons, basis, and duration for RTL;
- Whether the person suspected of the unlawful offense or his or her relatives or work unit has applied for non-custodial implementation and [relevant] reasons;
- For juveniles suspected of unlawful offenses, whether the family has the ability to effectively impose discipline;
- Other relevant details.
Article 14: When proposing RTL for a juvenile, the case-handling unit shall conduct an investigation and gather evidence from his or her parents or other guardians, neighbors, school, and the residents’ (village) committee or police station for his or her place of residence with regard to whether or not his or her family has the ability to effectively impose discipline.
Article 15: Where a person suspected of an unlawful offense does not provide his or her true name, address, or identity, but the basic facts are clear, the basic evidence is reliable and sufficient, and the conditions have been met for RTL, the case-handling unit may make the RTL request using the name provided.
Article 16: After the legal affairs unit of a county-level public security authority receives an RTL case from the case-handling unit of the public security authority at that administrative level, it shall arrange for two or more police officers to collectively verify the following content:
- Whether [the target of the case] falls under the applicability conditions for RTL;
- Whether the basic facts of the offense are clear, whether the basic evidence is reliable and sufficient, and whether there are statutory grounds for lenience or severity;
- Whether a correct determination of the case has been made;
- Whether the basis for applicability is correct;
- The age, capacity for responsibility, and health of the person suspected of an unlawful offense, and whether there is a criminal record;
- For any request for non-custodial RTL implementation made by the person suspected of unlawful offense or his or her relatives or work unit, the accuracy of the reasons given;
- For a juvenile suspected of an unlawful offense, the situation regarding his or her family’s ability to effectively impose discipline;
- Whether the case-handling procedure was lawful and legal procedures are complete.
Article 17: In verifying RTL cases, the legal affairs unit of a county-level public security authority shall question the persons suspected of unlawful offenses and review the principal facts and evidence of their offenses.
In questioning juveniles suspected of unlawful offenses, their parents or other guardians or their teachers shall be notified to be in attendance, except when it would interfere with the investigation or when it is impossible to give such notification.
A detailed record of the questioning of the person suspected of unlawful offense shall be kept, and it shall be checked by the suspect and have his or her signature or fingerprint affixed.
Article 18: For RTL cases reported by a case-handling unit of a county-level public security authority, the legal affairs unit of the public security authority at that administrative level shall complete its verification within three days and prepare a Verification Report handling the case in one of the following ways based on the different circumstances of each case:
- Where it is determined that the facts of the offense have been fully investigated, the evidence is reliable and sufficient, and the case meets the conditions for RTL, after signed comments are added to the Request for RTL Approval and it is approved by a responsible person in the public security authority at that administrative level, the chop of the public security authority at that level shall be affixed and [the Request for RTL Approval] sent along with the Verification Report to the legal affairs unit of the public security authority at the prefectural level for verification.
- Where it is determined that the basic facts are unclear, the basic evidence is insufficient, or it is necessary to investigate other offenses, further steps for investigation shall be outlined and returned to the case-handling unit for additional investigation within a set period of time. When necessary, the legal affairs unit may also conduct its own additional investigation.
- Where it is determined that the conditions for RTL have not been met, the reasons shall be stated clearly in writing; where, according to the law, criminal responsibility should be pursued, a public order management punishment should be given, or the matter should be handled in another way, an opinion shall be given about how to handle the case and the case shall be returned to the case-handling unit for handling in accordance with the law.
The Verification Report shall include the following content:
- Details of the verification of the main facts and evidence of the offense;
- Opinions for how to handle the case and their legal bases, including opinions based on the verification of any applications for non-custodial RTL implementation by the person suspected of unlawful offense or his or her family members or work unit;
- List of names of the individuals conducting the verification;
- Other relevant details.
Article 19: After investigation of a criminal or public-order case has been completed by the case-handling unit of a public security authority at the prefectural level or above, where it has been determined that the facts of the offense have been investigated fully, the evidence is reliable and sufficient, and the case satisfies the conditions for RTL, [the case handling unit] shall complete a Request for RTL Approval and, after verification by a responsible person from the case-handling unit, the chop of the case-handling unit shall be affixed and [the request] sent together with the case file to the legal affairs unit of the public security authority at that administrative level for verification.
Article 20: After receiving the report of an RTL case from the case-handling unit of a county-level public security authority or a public security authority at [its own] administrative level, the legal affairs unit of a public security authority at the prefectural level or above shall convene a panel to verify the documents. Where one of the following situations is encountered, the panel shall question the suspected offender and hear the opinions of the unit reporting the case:
- Although there is evidence to confirm the facts of the case, the person suspected of the unlawful offense has not confessed or there are discrepancies between confessions such that it affects the finding of fact and the ability to come to a decision about how to handle the case;
- There are doubts about the objectivity, relatedness, and legality of the primary facts of the offense and the evidence of those facts;
- The case is major, complex, or difficult;
- Other reasons necessitating verification in person.
The panel shall be composed of three or five police officers, with one serving as a leader. Panel members shall have two or more years of public security work experience and relatively high degrees of professional and legal character. The position of panel leader shall be filled by a responsible person in the legal affairs unit of the public security authority.
Article 21: The legal affairs unit of a public security authority at the prefectural level or above shall complete its verification within three days of receiving the Request for RTL Approval and associated documents from a case-handling unit of a county-level public security authority or public security authority at [its own] administrative level.
In cases for which additional investigation is necessary or the person suspected of unlawful offense has requested a hearing, the time for verification may be extended to 12 days; when additional investigation is necessary and the person suspected of unlawful offenses has requested a hearing, the time for review may be extended to 15 days.
Article 22: After the panel meets, it shall produce a Panel Meeting Transcript presenting an opinion on handling the case arrived at through majority rule and recording the opinions of the minority, which shall be sent for verification by a responsible person in the legal affairs unit of the public security authority at the prefectural level or above.
The Panel Meeting Transcript shall record the opinions and reasoning given by members of the panel and shall be signed or chopped by each person after their reading to confirm that there are no errors.
Article 23: After carrying out a verification of the RTL case, a responsible person in the legal affairs unit of the public security authority at the prefectural level or above, based on the different circumstances of the case and the relevant legal provisions, shall record his or her opinions on the Request for RTL Approval, handling the case in one of the following ways:
- Where the facts of the case are clear, the evidence is reliable and sufficient, and the person suspected of unlawful offense meets the conditions for RTL, a request for deliberation and decision shall be sent, along with the Panel Meeting Transcript, to the RTL review and approval committee of the public security authority at that administrative level.
- Where the case meets the conditions for a hearing set as out in Article 25 of these regulations, a request for approval shall be sent, along with the Panel Meeting Transcript, to a responsible person on the RTL review and approval committee of the public security authority at that administrative level.
- Where the case’s main facts are unclear, evidence is insufficient, or there is a need to investigate other offenses, an outline for additional investigation shall be prepared and [the case] returned to the reporting unit for additional investigation. When necessary, the legal affairs unit may also conduct its own additional investigation.
- Where the facts of the case are clear and the evidence is reliable and sufficient, [but,] according to the law, criminal responsibility should be pursued, a public order management punishment should be given, or the matter should be handled in another way, [the case] shall be returned to the unit reporting the case for handling in accordance with the law.
Article 24: With regard to cases requiring additional investigation, the unit reporting the case shall complete such investigation within five days of receiving the outline for additional investigation; where the legal affairs unit conducts its own additional investigation, the investigation shall be completed within five days of deciding on additional investigation.
Additional investigation may be carried out only once. After additional investigation, where the legal affairs unit of the public security authority at the prefectural level or above still finds that the main facts are unclear or the evidence is insufficient, it shall request that the RTL review and approval committee of the public security authority at that administrative level review the case and issue a decision not to impose RTL.
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Article 25: Except for those involved in organizing or using a cult to undermine the implementation of national laws or those involved in taking or injecting drugs, where it has been decided to impose RTL on a person suspected of unlawful offense, a public security authority at the prefectural level or above may, arrange for a hearing in the name of the RTL management committee at that administrative level for a case with one of the following circumstances:
- The person suspected of unlawful offense shall be sent to RTL for two years or more;
- A juvenile suspected of unlawful offense shall to be sent to RTL.
As to whether hearings should be held for other types of RTL cases, the public security departments or bureaus of each province, autonomous region, and directly administered municipality and the Xinjiang Production and Construction Corps Public Security Bureau shall issue regulations based on the actual situations in their own locations.
Article 26: In an RTL case for which a hearing may be held in accordance with the provisions of Article 25 of these regulations, the legal affairs unit of a public security authority at the prefectural level or above shall deliver a Hearing Disclosure Notice to the person suspected of unlawful offense within two days after panel deliberations have concluded, notifying him or her that he or she has a right to ask for a hearing.
The Hearing Disclosure Notice shall include the following content and bear the chop of the RTL management committee at that administrative level:
- The name, sex, and full date of birth of the person suspected of unlawful offense;
- The facts, reasoning, duration, and basis for RTL;
- The lawful rights enjoyed by the person suspected of unlawful and the time limit for requesting a hearing;
- The inquiry hearing authority.
Article 27: In RTL cases for which hearings may be held in accordance with the provisions of Article 25 of these regulations, where the person suspected of unlawful offense or his or her guardian requests a hearing, he or she shall make an application in writing or orally within two days of receiving the Hearing Disclosure Notice.
Where, due to force majeure or other special reasons, the person suspected of unlawful offense or his or her guardian fails to apply for a hearing within the statutory period but applies within one day of the obstacle being lifted, the public security authority shall allow it.
Where the person suspected of unlawful offense or his or her guardian fails to apply for a hearing within the statutory period, it shall be treated as relinquishing the right to request a hearing.
Article 28: Where a person suspected of unlawful offense or his or her guardian, after having received the Hearing Disclosure Notice, clearly states that a hearing is not requested or does not apply for a hearing within two days of receiving the Hearing Disclosure Notice, the legal affairs unit of the public security authority at the prefectural level or above, within two days of knowing that the person suspected of unlawful offense or his or her guardian does not request a hearing, shall request the RTL review and approval committee of the public security authority at that administrative level to deliberate and issue a decision.
Article 29: After receiving an application for a hearing, the public security authority at the prefectural level or above shall conduct a review and, where the case conforms to the provisions of Article 25 of these regulations, shall decide to hold a hearing one time. Where the case does not conform to the provisions of Article 25 of these regulations, it shall issue, within two days of receiving the request for a hearing, a decision not to hold a hearing and notify the applicant in writing and explain the reasons within two days of making such a decision.
Article 30: After deciding to hold a hearing of inquiry, the public security authority at the prefectural level or above shall issue a Hearing Notice, deliver [the notice] to the hearing applicant two days prior to the hearing, and notify the unit reporting the case and other participants.
The Hearing Notice shall contain the following content and bear the chop of the RTL management committee at that administrative level:
- The name, sex, full date of birth, and identification card number of the person requesting the hearing;
- The case summary;
- The time and place of the hearing;
- The name of the person overseeing the hearing;
- The lawful rights enjoyed by the person requesting the hearing during the hearing.
Article 31: Where two or more people suspected of illegal or criminal offenses in the same case request a hearing at the same time, their hearings may be conducted together.
Where some of the people suspected of illegal or criminal offenses in the same case apply for a hearing, the public security authority at the prefectural level or above shall request the participation in the hearing of the people suspected of illegal or criminal offenses in the same case who did not apply for a hearing and, after the hearing is conducted, make a decision regarding the entire case.
Article 32: Except for cases involving state secrets or individual privacy, cases of juvenile offenders, and other cases unsuited to a public hearing, the close relatives and work unit of the person suspected of unlawful offense may each send one to three representatives to participate as observers.
During the course of the hearing, where observers disrupt the order of the hearing, the person overseeing the hearing shall warn them to stop. Those who do not stop may be forcibly removed; where the circumstances are serious, legal liability may be pursued in accordance with the law.
Article 33: The hearing shall be led by the panel chair, with participation by other members of the panel.
When considered necessary by the chair of the hearing, the injured party or his or her legal representative may be requested to participate in the hearing.
Article 34: Where the person suspected of unlawful offense fails to attend the hearing without proper excuse or insists on withdrawing from the hearing during the course of the hearing, it should be treated as revocation of the request for a hearing.
Article 35: When holding the hearing, the hearing chair shall notify the person suspected of unlawful offense that he or she enjoys the following lawful rights during the hearing:
- To request or abandon a hearing;
- The right to request recusal where he or she believes that a hearing personnel has a direct interest the case;
- To make a statement, a defense plea, and cross-examine the evidence;
- To introduce new facts and evidence;
- To check the hearing record.
Article 36: During the course of the hearing, the hearing personnel shall arrange for debate between the case investigators and the person suspected of unlawful offense regarding the main facts of the case, the evidence, the applicable [legal] bases, the duration of RTL, the disposition of any illicit income or illegal property, and other relevant issues.
The hearing personnel shall truthfully record the details of the hearing, and the Hearing Transcript shall record the following content:
- The names, work units, and positions of those participating in the hearing;
- The names and positions of the hearing personnel;
- The time and place of the hearing;
- Case investigators’ facts, reasoning, and grounds for recommending an RTL decision;
- The suspected offender’s statement, defense, and challenges to the evidence;
- Witness statements or witness testimony;
- Signatures or fingerprints of the suspected offender, case investigators, and witnesses [affirming] their respective statements.
Article 37: After the hearing has concluded, the hearing chair shall arrange a conference of the hearing personnel and write a Hearing Report presenting an opinion on how to handle the case, arrived at through majority rule, and recording the opinions of the minority. [The report] shall be sent for review by a responsible person in the legal affairs unit of the public security authority at that administrative level.
The Hearing Report shall record the following content and bear the signatures of the hearing chair and other hearing personnel:
- Case summary;
- Basic details of the hearing;
- Basic details of the conference;
- Details of the facts of the case and evidence that were found during the hearing;
- Opinion on handling the case.
Article 38: The legal affairs unit of a public security authority at the prefectural level or above shall present an opinion on how to handle the case based on the Hearing Report and the Hearing Transcript and make a request for deliberation and decision by the RTL review and approval committee of the public security authority at that administrative level.
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Article 39: The RTL review and approval committee of a public security authority at the prefectural level or above shall, within two days of receiving a request to review an RTL case from the legal affairs unit of the public security authority at that administrative level, issue a decision in the name of the RTL management committee at the same administrative level as to whether to [impose] RTL.
Article 40: In response to a request for review of an RTL case by the legal affairs unit of a public security authority at [the same] administrative level, the person responsible for the RTL review and approval committee shall convene members to hear the report by the verification panel chair regarding the case details and opinions for handling [the case], to organize a review, and to make a decision arrived at through majority rule.
Detail of the review of an RTL case and the decision made by the RTL review and approval committee shall be written up in the Review Minutes, recording the opinions and reasoning given by each participant in the review and, having been read by each person, bearing the signature or chop of each to signify that there are no errors.
Article 41: After the RTL review and approval committee of a public security authority at the prefectural level or above has reviewed an RTL case, it shall issue one of the following decisions according to the different circumstances and relevant legal statutes of the case:
- Where the facts are clear, the evidence is reliable and sufficient, and the suspected offender meets the conditions for RTL, a decision to impose RTL shall be issued.
- Where the main facts of the case are unclear or the evidence is insufficient, a decision not to impose RTL shall be issued.
- Where the facts of the case are clear and the evidence is reliable and sufficient, [but,] according to the law, criminal responsibility should be pursued, a public order management punishment should be imposed, or the matter should be handled in another way, the unit reporting the case shall be instructed to handle the case in accordance with the law.
Where the person suspected of unlawful offense has any illicit income or illegal property, at the same time that the RTL decision is made, a decision shall also be made, in accordance with the law, to confiscate the illicit income or illegal property and transfer it to the treasury. Lawful property of the victim shall be promptly returned in accordance with the law. Any contraband or other items that cannot be stored for a long time shall be disposed of in accordance with the relevant state regulations.
Article 42: Where the person suspected of unlawful offense has not confessed, but other evidence is reliable, sufficient, and mutually corroborative and [the person] meets the conditions for RTL, a decision [to impose] RTL may be issued in accordance with the law; where there is only the confession of the person suspected of unlawful offense or the statement of a victim and there is no other evidence, a decision to impose RTL must not be issued.
Article 43: Where an illegal criminal act punishable by RTL is not discovered by the public security authority within three years, no decision [to impose] RTL shall be issued. But, where the illegal criminal act was already filed for investigation by the public security authority and the person suspected of the unlawful offense eluded investigation, or where the victim filed a complaint within the aforementioned period and the public security authority should have filed the case but did not do so, this time limit does not apply.
The time limit stipulated in the above paragraph commences from the date the illegal criminal act occurred; where the illegal criminal act is of a continuous or enduring nature, the time limit commences from the day the act concluded.
Article 44: In consideration of the facts, nature, circumstances, motive, and degree of social harm of the [suspect’s offense], as well as the legal liability that should be borne, the duration of an RTL decision should be set for one year, one year and three months, one year and six months, one year and nine months, two years, two years and three months, two years and six months, two years and nine months, or three years.
Except for those who continue to take or inject drugs after compulsory drug treatment, the duration of RTL decisions for juveniles shall generally be one year or one year and three months, with a maximum length not to exceed one year and six months.
Article 45: Where a person suspected of unlawful offense upon whom RTL should be imposed meets one of the following circumstances, he or she may be exempted from RTL:
- Voluntarily surrendered to authorities, and the illegal criminal act is minor;
- Was coerced or defrauded into engaging in illegal criminal activities, and the illegal criminal acts are minor;
- Committed a first offense after which he or she voluntarily returned stolen goods or made compensation for losses, and he or she personally displays true remorse;
- Demonstrated major meritorious service;
- Other circumstances for which there is statutory basis for exemption from RTL.
Article 46: Where a person suspected of unlawful offense upon whom RTL should be imposed meets one of the following circumstances, he or she may be treated leniently in determining the duration of RTL:
- Played a secondary or supporting role in an offense committed jointly;
- Was coerced or defrauded into engaging in the illegal criminal activities;
- Voluntarily surrendered to authorities or, after being taken into custody by the public security authority, truthfully confessed the facts of his or her offense;
- Demonstrated meritorious service;
- Other circumstances for which there is statutory basis for lenient treatment.
Article 47: Where a person suspected of unlawful offense upon whom RTL should be imposed meets one of the following circumstances, he or she may be treated more severely in determining the duration of RTL:
- Committed an intentional illegal criminal act within two years of being released from imprisonment or within one year of release from RTL;
- Escaped during the period when the public security authority filed his or her case for investigation or when it reviewed his or her RTL case for approval;
- Coerced, defrauded, or instructed juveniles to commit offenses;
- Committed two or more illegal criminal acts, both of which should be [punished] with RTL in accordance with the law;
- Other circumstances for which there is statutory basis for severe treatment.
Article 48: The period of RTL begins from the day the RTL decision is issued, with one day deducted from the RTL period for each day of lawful custody instituted prior to the RTL decision for the same act. Time spent in flight by the person upon whom RTL has been decided to be imposed is not counted towards the RTL period.
Article 49: After a public security authority at the prefectural level or above issues an RTL decision in the name of the RTL management committee at that level, it shall issue an RTL Decision and RTL Notice and, after affixing the chop of the RTL management committee at that level, deliver them to the unit that reported the case within three days of the RTL decision.
The RTL Decision should record the following content:
- Basic details of the person upon whom RTL has been imposed, including name, sex, full date of birth, identification card number, place of birth, ethnicity, education level, employment, work unit, address, and criminal record;
- Facts and evidence of the offense, including the findings of the unit that reported the case, the confession and defense statement of the person suspected of unlawful offense, and the RTL management committee’s findings with respect to facts, evidence, and reasoning;
- Whether a hearing was held and the basic details of the hearing;
- Basis for the RTL decision;
- Duration of RTL; whether implementation is to be non-custodial and, if so, the reasoning and basis for such a decision; whether there was prior custody before the decision and, if so, the type of prior custody, its duration, and how it reduces the RTL period;
- Decision regarding how to deal with illicit income or illegal property;
- The lawful rights enjoyed by the person upon whom RTL has been imposed to request administrative reconsideration or file administrative litigation;
- Channels for resolving questions of compensation for damages;
- Time the RTL decision was issued.
Article 50: The RTL management committee must not issue a decision regarding compensation for any damages involved in the RTL case. The injured party or his or her legal representative shall file civil litigation with a people’s court in accordance with the General Principles of Civil Law and the Civil Procedure Law.
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Article 51: An RTL decision takes effect from the day it is issued.
Article 52: Within two days of receiving the RTL Decision, the unit that reported the case shall announce the facts, basis, and duration of the RTL decision and the lawful rights enjoyed by the person upon whom RTL has been imposed to [that person] and his or her family members and deliver the RTL Decision to the person upon whom RTL has been imposed and the injured party. The person upon whom RTL has been imposed and his or her family members shall sign or affix their thumbprint to the Delivery Receipt; where they refuse to sign or affix their thumbprint, the person making the announcement or the delivery shall note this on the Delivery Receipt.
Where it is impossible for the unit that reported the case to announce the facts, basis, and duration of the RTL decision as well as the lawful rights enjoyed by the person upon whom RTL has been imposed to the family members of the [that person] in accordance with the above paragraph in person, it shall deliver the RTL Decision to the family member of the person upon whom RTL has been imposed and note this on the Delivery Receipt. Where the person upon whom RTL has been imposed does not have family members or it is impossible to find his or her family members because he or she did not provide his or her real name, address, or identity, this shall be noted on the Delivery Receipt.
Article 53: Within one month after delivering the RTL Decision to the person upon whom RTL has been imposed, the unit that reported the case shall transfer the person upon whom RTL has been imposed to the designated RTL facility for implementation and send the RTL Decision and RTL Notice together to the RTL facility. However, during the period that the person upon whom RTL has been imposed applies for administrative reconsideration or files administrative litigation in accordance with the law or he or she or his or her family members or work unit requests non-custodial RTL, transfer to the RTL facility may be postponed.
Within seven days of transferring the person upon whom RTL has been imposed to the RTL facility, the unit that reported the case shall send the signed receipt from the RTL facility to the public security authority that originally approved the RTL.
Article 54: Where one of the conditions provided for in Article 11(2) of these regulations has been met or the suspected offender meets one of the following conditions, it may be decided to implement non-custodial RTL:
- Possesses special business or technical expertise that is truly necessary to the production or scientific research of his or her work unit and the work unit has made a request;
- A family member has a serious illness and is unable to care for himself or herself or has no other source of income and truly needs the care or support of the person [upon whom RTL has been imposed].
Where the person sent to RTL or a member of his or her family has a serious illness, a certificate shall be provided by a hospital designated by the provincial-level people’s government.
Article 55: Where a person upon whom RTL has been decided to be imposed meets one of the following circumstances, excepting those with serious illnesses or women who are pregnant or nursing their own infants under the age of one, non-custodial implementation must not be approved:
- The decision to implement RTL was issued against him or her for committing acts of endangering state security;
- Committed illegal criminal acts many times or in many different places or whose offenses had adverse effects on the locality;
- Previously been sent to RTL or been given criminal punishment;
- Addicted to drugs and has not yet given them up;
- Wounded or maimed himself or herself or ran away in order to avoid RTL or after an RTL decision;
- Might be a danger to society if not sent to RTL;
- [His or her] family, guardian, and work unit all lack effective conditions to provide help and education.
Article 56: Where a person sent to RTL satisfies the conditions for non-custodial RTL implementation, he or she or his or her family members or work unit may make a written request for non-custodial implementation before he or she is transferred to an RTL facility.
An application for non-custodial RTL implementation must explain the reasons [for the request] and be submitted with relevant documentary evidence; after being checked by the police station of the place of residence [of the person upon whom RTL was imposed], [the request shall be] sent to the legal affairs unit of the county-level public security authority for review. Within two days of receiving an application for non-custodial RTL implementation, the legal affairs unit of the county-level public security authority shall review the request, issue an opinion as to whether it agrees to non-custodial implementation, and, after review by a responsible person from the public security authority at that administrative level, report up one administrative level to the public security authority that reviews and approves RTL for a decision.
Article 57: Where a public security authority at the prefectural level or above receives an application for non-custodial RTL implementation before it issues an RTL decision [in that case], it shall review the request and the county-level public security authority’s opinions and, at the same time as issuing its decision on RTL, make a decision about whether it agrees to non-custodial implementation and record this in the RTL Decision.
Where a public security authority at the prefectural level or above receives an application for non-custodial RTL implementation after issuing an RTL decision [in that case] but before transferring [the person upon whom RTL has been imposed] to the RTL facility for implementation, the legal affairs unit of the public security authority at that administrative level shall, within 15 days of receiving the request, review the request and the county-level public security authority’s opinions; issue a decision as to whether to implement non-custodial RTL; and, within three days of making that decision, send its Decision on Whether to Implement Non-Custodial RTL to the unit that reported the case. The unit that reported the case, within five days of receiving the Decision on Whether to Implement Non-Custodial RTL, shall deliver the decision to the person requesting non-custodial implementation.
Where a public security authority at the prefectural level decides to implement non-custodial RTL, it shall report this to the provincial public security authority for filing.
Article 58: Where a decision is made to implement non-custodial RTL at the same time that RTL is approved, the unit that reported the case, within three days of receiving the RTL Decision and the RTL Notice, shall deliver the RTL Decision and the RTL Notice to the work unit and the police station for the place of residence of the person upon whom RTL was imposed.
Where a decision is made to implement non-custodial RTL after RTL has been approved, the unit that reported the case, within three days of receiving the Decision to Implement Non-Custodial RTL and the Notice of Non-Custodial RTL Implementation, shall deliver the Decision to Implement Non-Custodial RTL and the Notice of Non-Custodial RTL Implementation to the work unit and the police station for the place of residence of the person upon whom RTL has been imposed.
Article 59: When the unit that reported the case announces the decision to implement non-custodial RTL to a person upon whom non-custodial RTL has been decided to be imposed, it shall notify him or her of the obligation to obey the following rules:
- Obey the law, administrative regulations, and relevant rules enacted by the Ministry of Public Security and submit to help and education;
- Report one’s activities to the police station for one’s place of residence once every three months;
- Where there truly are special circumstances such as treatment of illness or visiting relatives that require going places outside the county or city of residence, approval must first be obtained from the county-level public security authority of one’s the place of residence;
- Obey specific monitoring and control rules set by the public security authority.
Article 60: Help and education for a person serving non-custodial RTL shall be carried out by the police station for [that person’s] place of residence, in cooperation with his or her work unit, the neighborhood council of his or her residence, and his or her residential (village) committee. Once every six months, the county-level public security authority of the place of residence of the person upon whom RTL was imposed shall evaluate that person and report the evaluation results in writing to the public security authority that originally approved the RTL.
Article 61: Where the police station for the place of residence [of a person upon whom RTL has been imposed] discovers that [such a person] meets one of the following circumstances during non-custodial implementation, it shall report up to the public security authority that originally approved his or her RTL to obtain approval, prepare a Decision to Revoke Non-Custodial Implementation and Transfer to Facility, and have the unit that originally reported the case send the person to an RTL facility to serve the remainder of his or her RTL period, except when the remainder of the RTL period is less than three months. Where Item 2 below applies, the RTL period that has already passed shall not be deducted:
- The basis for the request of non-custodial implementation no longer applies;
- False evidence was provided to fraudulently obtain non-custodial implementation;
- Serious violation of the public security authority’s monitoring and control rules;
- Commission of an illegal criminal act that does not yet warrant criminal punishment.
Where violations of Items 3 or 4 above are committed by persons upon whom RTL has been imposed but for whom, in accordance with the regulations, transfer to an RTL facility for implementation is unsuitable, the public security authority that originally approved the RTL shall, taking into consideration the facts, circumstances, motive, and degree of social harm of the illegal criminal act and the appropriate legal liability, make a decision in the name of the RTL management committee at the same administrative level to extend the RTL period from three to 12 months, but accumulated extension periods must not exceed 12 months.
Article 62: Where a person upon whom RTL has been imposed displays exceptional behavior during non-custodial implementation, the public security authority that originally approved the RTL may, in the name of the RTL management committee at that level, issue a decision to reduce the RTL period or release early from RTL.
A reduction in the RTL period or early release from RTL must not exceed one half of the original RTL period.
Article 63: Decisions in accordance with these regulations directed at people serving non-custodial RTL to revoke non-custodial implementation and transfer to an RTL facility, to reduce the RTL period, or to release early from RTL proceed from written opinions submitted by the police station for the place of residence of the person upon whom RTL has been imposed, and, after review by the legal affairs unit of the county-level public security authority, are be sent up for approval by the public security authority that originally approved the RTL.
Article 64: Where the RTL period of a person upon whom non-custodial RTL has been imposed is about to expire, the police station for [that person’s] place of residence shall conduct an evaluation of [him or her] one month before the expiration date; fill out an RTL Release Evaluation Form; attach the periodic evaluation documents, the opinions of the help-and-education unit, and the summary of the person upon whom RTL was imposed; and send these to the public security authority that originally approved the RTL.
Article 65: Where the person upon whom RTL was imposed is released or released early from RTL, the public security authority that originally approved the RTL shall prepare a Decision on Release from RTL and, after affixing the chop of the RTL management committee at that administrative level, deliver it to the person upon whom RTL was imposed via the unit that reported the case.
Article 66: Where the public security authority that originally approved the RTL approves revocation of non-custodial implementation and transfer to an RTL facility, reduction of the RTL period, or release or early release from RTL, it shall provide written notice to the person upon whom RTL was imposed, his or her work unit, and the police station for his or her place of residence.
Article 67: Where a person upon whom RTL has been imposed is sentenced during the implementation period to criminal punishment in accordance with the law for other criminal acts, the criminal punishment shall be implemented first. However, where [the criminal punishment] is public surveillance or a suspended sentence, the public surveillance or suspended sentence shall be implemented immediately after the RTL implementation period has been completed.
Where a person upon whom RTL has been imposed is sentenced during the implementation period to imprisonment of five years or less or penal servitude, in accordance with the law, for other criminal acts, his or her remaining RTL period shall be implemented immediately after release at the end of the [criminal] sentence. Where [the person] is sentenced, in accordance with the law, to more than five years’ imprisonment or a life sentence or suspended death sentence that has been commuted to fixed-term imprisonment in accordance with the law, his or her remaining RTL period shall not be served after release at the end of the [criminal] sentence.
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Article 68: The handling of RTL cases by the public security authorities is subject to legal oversight by the people’s procuratorates, administrative oversight by the administrative inspection authorities, and the oversight of the public [lit., “the masses”].
Article 69: The work of RTL deliberation and decisions by the RTL review and approval committees of public security authorities at the prefectural level and above is subject to the oversight of the RTL management committee at the same administrative level.
Article 70: For the handling of RTL cases, a case-handling responsibility system, accountability system, and other internal law-enforcement oversight systems shall be established and perfected.
The [disposition] of RTL cases shall be incorporated into the assessment [criteria] used to evaluate the quality of law enforcement of the public security authorities.
Article 71: Where a higher-level public security authority discovers that a lower-level public security authority has made an error in an RTL decision made in the name of the RTL management committee, it shall annul or change [the decision] in the name of the RTL management committee at that administrative level, or else order the lower-level public security authority to make rectification within a set time.
Article 72: Where a person upon whom RTL has been imposed does not accept the RTL decision, he or she may, in accordance with the provisions of the Administrative Reconsideration Law, request administrative reconsideration by the people’s government at the administrative level of the RTL management committee that issued the decision or by the RTL management committee at the immediately higher administrative level.
Where a person upon whom RTL has been imposed requests administrative reconsideration by the RTL management committee at the immediately higher administrative level, the public security authority at the same administrative level shall, in accordance with the law, accept the request and issue an administrative reconsideration decision in the name of the RTL management committee at the same administrative level.
Article 73: Where a person upon whom RTL has been imposed does not accept the RTL decision, he or she may, in accordance with the provisions of the Administrative Procedure Law, file administrative litigation with a people’s court.
Where a person upon whom RTL has been imposed files administrative litigation because he or she does not accept the RTL decision, the public security authority shall, in accordance with the law, participate in the litigation in the name of the RTL management committee at the same administrative level.
Article 74: During the period where an application for administrative reconsideration has been made or administrative litigation has been filed, implementation of the RTL decision shall not be halted; however, under one of the following circumstances, implementation may be halted in accordance with the law:
- The public security authority that originally approved the RTL believes it necessary to halt implementation;
- The administrative reconsideration authority believes it necessary to halt implementation;
- The people’s court rules in accordance with the law to halt implementation;
- There are legal provisions halting implementation.
Article 75: Where a person upon whom RTL was imposed believes that an RTL decision has infringed upon his or her legitimate rights or interests, he or she may, in accordance with the provisions of the State Compensation Law, apply for state compensation.
Where a person upon whom RTL was imposed applies for state compensation, the public security authority shall, in accordance with the law, handle the request in the name of the RTL management committee at the same administrative level.
Article 76: Where a person upon whom RTL was imposed does not accept the principal facts in the RTL decision, he or she may, in accordance with the provisions of the Trial Measures for RTL, request a review by the RTL management committee that issued the decision.
Where a person upon whom RTL was imposed requests a review, the public security authority shall, in accordance with the law, carry out a review in the name of the RTL management committee at the same administrative level.
Article 77: Where a person upon whom RTL was imposed files a petition of appeal over an RTL decision or requests administrative reconsideration from an RTL management committee beyond the statutory period for requesting administrative review, the public security authority that originally approved the RTL shall handle [the request] in accordance with the Provisional Regulations on Acceptance of Complaints and Petitions by the Public Security Authorities.
Article 78: Where, in the course of handling an RTL case, a public security authority police officer takes advantage of his or her position to ask for or accept other people’s property, or engages in dereliction of duty, abuse of power, or favoritism for personal gain, he or she shall be given administrative punishment in accordance with regulations; acts constituting criminal offense will be pursued for criminal liability in accordance with the law.
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Article 79: All references to “days” in these regulations refer to business days and do not include statutory holidays.
Article 80: The Ministry of Public Security is responsible for interpreting these regulations.
Article 81: The format of all legal documents referenced in these regulations shall be uniformly set by the Ministry of Public Security, with the public security departments or bureaus of each province, autonomous region, and directly administered municipality, as well as the Xinjiang Production and Construction Corps Public Security Bureau, having responsibility for their printing.
Article 82: The public security departments or bureaus of each province, autonomous region, and directly administered municipality, as well as the Xinjiang Production and Construction Corps Public Security Bureau, may enact specific operational rules based on these regulations, and report them to the Ministry of Public Security for filing.
Article 83: These regulations take effect on June 1, 2002. Once these regulations take effect, in case of inconsistencies or overlap between these regulations and previous regulations enacted by the Ministry of Public Security, these regulations shall prevail without exception.
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《公安机关办理劳动教养案件规定》
（2002年4月12日，公通字[2002]21号）
目 录
第一章、总则
第二章、适用对象
第三章、审核
第四章、聆询
第五章、决定
第六章、执行
第七章、执法监督
第八章、附则
第—章、总则
第一条、为了规范公安机关办理劳动教养案件的程序，保证劳动教养审批机关严格、公正执法，确保劳动教养案件质量，依法处理违法犯罪分子，保护公民的合法权益，根据有关法律、行政法规，制定本规定。
第二条、各省、自治区、直辖市公安厅(局)、新疆生产建设兵团公安局和地、地级市、州、盟公安局(处)设立劳动教养审批委员会，作为同级劳动教养管理委员会的审批机构，依照有关法律、行政法规和本规定审批劳动教养案件，并以劳动教养管理委员会的名义作出是否劳动教养的决定。
劳动教养审批委员会的日常工作由本级公安机关法制部门承担。
第三条、省级和地级公安机关劳动教养审批委员会由下列人员组成：主任一名，由本级公安机关主管法制工作的负责人担任；副主任一名，由本级公安机关法制部门的主要负责人担任；委员三至五名，从本级公安机关法制、警务督察、治安、刑侦等部门的负责人中选任。劳动教养审批委员会三分之二以上的成员出席，即可对劳动教养案件进行审议并作出决定。
劳动教养审批委员会在审议本级公安机关治安、刑侦等办案部门办理的劳动教养案件时，审批委员会中该办案部门的成员应当回避。
第四条、办理劳动教养案件，必须以事实为根据，以法律为准绳，做到事实清楚，证据确实充分，定性准确，量处适当，程序合法。
对不能在法定羁押期限内侦查终结的犯罪嫌疑人，不得以劳动教养时间变相延长羁押期限；对构成犯罪，依法应当追究刑事责任的行为人，不得决定劳动教养。
第五条、办理劳动教养案件，应当贯彻教育、感化、挽救的方针，遵循公开、公正、及时的原则，依法保护公民的合法权益。
第六条、办理劳动教养案件，应当实行办案部门、审核部门相分离的原则。
劳动教养案件的办案部门、审核部门应当分工负责，互相配合，互相制约，以保证准确有效地执行法律。
第七条、对违法犯罪嫌疑人决定劳动教养，必须经过集体审议。未经劳动教养审批委员会审议，不得对任何人作出劳动教养决定。
第八条、公安机关劳动教养审批委员会依照法律、行政法规和本规定审议决定劳动教养案件，不受其他单位和个人的非法干预。
第二章、适用对象
第九条、根据全国人民代表大会常务委员会批准的《国务院关于劳动教养问题的决定》、《国务院关于劳动教养的补充规定》和国务院转发的公安部《劳动教养试行办法》等法律、行政法规的规定，对年满十六周岁、具有下列情形之一的，应当依法决定劳动教养：
(一)危害国家安全情节显著轻微，尚不够刑事处罚的；
(二)结伙杀人、抢劫、强奸、放火、绑架、爆炸或者拐卖妇女、儿童的犯罪团伙中，尚不够刑事处罚的；
(三)有强制猥亵、侮辱妇女，猥亵儿童，聚众淫乱，引诱未成年人聚众淫乱，非法拘禁，盗窃，诈骗，伪造、倒卖发票，倒卖车票、船票，伪造有价票证，倒卖伪造的有价票证，抢夺，聚众哄抢，敲诈勒索，招摇撞骗，伪造、变造、买卖国家机关公文、证件、印章，以及窝藏、转移、收购、销售赃物的违法犯罪行为，被依法判处刑罚执行期满后五年内又实施前述行为之一，或者被公安机关依法予以罚款、行政拘留、收容教养、劳动教养执行期满后三年内又实施前述行为之一，尚不够刑事处罚的；
(四)制造恐怖气氛、造成公众心理恐慌、危害公共安全，组织、利用会道门、邪教组织、利用迷信破坏国家法律实施，聚众斗殴，寻衅滋事，煽动闹事，强买强卖、欺行霸市，或者称霸一方、为非作恶、欺压群众、恶习较深、扰乱社会治安秩序，尚不够刑事处罚的；
(五)无理取闹，扰乱生产秩序、工作秩序、教学科研秩序或者生活秩序，且拒绝、阻碍国家机关工作人员依法执行职务，未使用暴力、威胁方法的；
(六)教唆他人违法犯罪，尚不够刑事处罚的；
(七)介绍、容留他人卖淫、嫖娼，引诱他人卖淫，赌博或者为赌博提供条件，制作、复制、出售、出租或者传播淫秽物品，情节较重，尚不够刑事处罚的；
(八)因卖淫、嫖娼被公安机关依法予以警告、罚款或者行政拘留后又卖淫、嫖娼的；
(九)吸食、注射毒品成瘾，经过强制戒除后又吸食、注射毒品的；
(十)有法律规定的其他应当劳动教养情形的。
对实施危害国家安全、危害公共安全、侵犯公民人身权利、侵犯财产、妨害社会管理秩序的犯罪行为的人，因犯罪情节轻微人民检察院不起诉、人民法院免予刑事处罚，符合劳动教养条件的，可以依法决定劳动教养。
第十条、对未成年人决定劳动教养，应当从严控制。
对违法犯罪未成年人中的初犯、在校学生，且其父母或者其他监护人有实际管教能力的，不得决定劳动教养，但是应当依法责令其父母或者其他监护人严加管教。
未成年人的年龄、身份，以其实施违法犯罪行为时的实际情况确定。
第十一条、对精神病人、呆傻人员不得决定劳动教养。
对盲、聋、哑人，严重病患者，怀孕或者哺乳自己不满一周岁婴儿的妇女，以及年满六十周岁又有疾病等丧失劳动能力者，一般不决定劳动教养；确有必要劳动教养的，可以同时决定劳动教养所外执行。
违法犯罪嫌疑人为抗拒审查、逃避惩罚而自伤、自残，符合劳动教养条件的，应当依法决定劳动教养。
本条第一款、第二款规定的违法犯罪嫌疑人的年龄、身体状况，以审批劳动教养时违法犯罪嫌疑人的实际情况确定。
第十二条、对在中华人民共和国领域内违法犯罪的外国人、无国籍人、华侨，在大陆违法犯罪的台湾居民和在内地违法犯罪的香港、澳门特别行政区居民，不得决定劳动教养。
第三章、审核
第十三条、县级公安机关办案部门对刑事案件、治安案件调查完毕后，认为基本事实清楚，基本证据确实充分，符合劳动教养条件的，应当制作《劳动教养呈批报告》，经办案部门负责人审核后，加盖办案部门印章，连同案卷材料报送本级公安机关法制部门审核。
《劳动教养呈批报告》应当载明下列内容：
(一)违法犯罪嫌疑人的基本情况，包括姓名、性别、出生年月日、身份证件号码、出生地、民族、文化程度、职业、工作单位、住址、违法犯罪经历；
(二)违法犯罪事实和证据；
(三)劳动教养的理由、依据和期限；
(四)违法犯罪嫌疑人或者其家属、单位是否申请所外执行和理由；
(五)未成年违法犯罪嫌疑人的家庭有无实际管教能力；
(六)其他有关情况。
第十四条、拟对未成年人呈报劳动教养的，办案部门应当就其家庭有无实际管教能力，向其父母或者其他监护人、邻居、学校、居住地居(村)民委员会或者公安派出所调查取证。
第十五条、违法犯罪嫌疑人不讲真实姓名、住址、身份，但基本事实清楚、基本证据确实充分，符合劳动教养条件的，办案部门可以按其自报的姓名呈报劳动教养。
第十六条、县级公安机关法制部门接到本级公安机关办案部门报送的劳动教养案件后，应当组织二名以上民警就下列内容进行集体审核：
(一)是否属于劳动教养的适用对象；
(二)基本违法犯罪事实是否清楚、基本证据是否确实充分，有无法定的从轻、从重情节；
(三)案件定性是否准确；
(四)适用依据是否正确；
(五)违法犯罪嫌疑人的年龄、责任能力、健康状况，有无违法犯罪经历；
(六)违法犯罪嫌疑人或者其家属、单位申请劳动教养所外执行的理由是否属实；
(七)未成年违法犯罪嫌疑人的家庭实际管教能力情况；
(八)办案程序是否合法，法律手续是否完备。
第十七条、县级公安机关法制部门审核劳动教养案件，应当讯问违法犯罪嫌疑人，对其主要违法犯罪事实和证据进行复核。
讯问未成年违法犯罪嫌疑人，除有碍调查或者无法通知的情形外，应当通知其父母或者其他监护人、教师到场。
讯问违法犯罪嫌疑人的情况，应当制成详细的笔录，由违法犯罪嫌疑人核对并签名或者按指印。
第十八条、对县级公安机关办案部门报送的劳动教养案件，本级公安机关法制部门应当在三日内审核完毕，并写出《审核报告》，根据案件的不同情况作出如下处理：
(一)认为违法犯罪事实已经查请，证据确实充分，符合劳动教养条件的，在《劳动教养呈批报告》上签署意见，报经本级公安机关负责人批准后，加盖本级公安机关印章，连同《审核报告》报送地级公安机关法制部门审核。
(二)认为基本事实不清、基本证据不足，或者需要查证其他违法犯罪问题的，应当列出补充调查提纲，退回办案部门限期补充调查。必要时，法制部门也可以自行补充调查。
(三)认为不符合劳动教养条件的，应当写明理由；依法应当追究刑事责任、予以治安管理处罚或者作其他处理的，应当提出处理意见，退回办案部门依法处理。
《审核报告》应当包括下列内容：
(一)对主要违法犯罪事实和证据进行复核的情况；
(二)处理意见和法律依据，包括对违法犯罪嫌疑人或者其家属、单位所外执行申请的审核意见；
(三)审核人员名单；
(四)其他有关情况。
第十九条、地级以上公安机关办案部门对刑事案件、治安案件调查完毕后，认为违法犯罪事实已经查清，证据确实充分，符合劳动教养条件的，应当填写《劳动教养呈批报告》，经办案部门负责人审核后，加盖办案部门印章，连同案卷材料报送本级公安机关法制部门审核。
第二十条、对县级公安机关或者本级公安机关办案部门呈报的劳动教养案件，地级以上公安机关法制部门应当组成合议组进行书面审核。遇有下列情形之一的，合议组应当讯问违法犯罪嫌疑人，并听取呈报单位的意见：
(一)案件事实虽有证据证明，但违法犯罪嫌疑人不供述或者前后供述不一致，影响事实认定和定性处理的；
(二)对主要违法犯罪事实及其证据的客观性、关联性和合法性有疑问的；
(三)案件重大、复杂或者疑难的；
(四)其他需要当面核实的。
合议组由法制部门的三名或者五名民警组成，其中一人为组长。参加合议的民警应当具有二年以上公安工作经验和较高的业务、法律素质，合议组组长应当由公安机关法制部门的负责人担任。
第二十一条、地级以上公安机关法制部门应当在收到县级公安机关或者本级公安机关办案部门报送的《劳动教养呈批报告》及有关材料之日起的三日内审核完毕。
对于需要补充调查或者违法犯罪嫌疑人申请聆询的案件，审核时间可以延长到十二日；对于需要补充调查且违法犯罪嫌疑人申请聆询的案件，审核时间可以延长到十五日。
第二十二条、合议组合议后，应当制作《合议笔录》，按照少数服从多数的原则提出处理意见，并将少数人的意见记入笔录，报地级以上公安机关法制部门负责人审核。
《合议笔录》应当载明合议组成员的意见和理由，并由其本人审阅确认无误后签名或者盖章。
第二十三条、地级以上公安机关法制部门负责人对劳动教养案件进行审核后，应当根据案件的不同情况和有关法律规定，在《劳动教养呈批报告》上签署意见，分别作出如下处理：
(一)案件事实清楚，证据确实充分，违法犯罪嫌疑人符合劳动教养条件的，连同《合议笔录》提请本级公安机关劳动教养审批委员会审议决定。
(二)符合本规定第二十五条规定的聆询条件的，连同《合议笔录》提请本级公安机关劳动教养审批委员会负责人审批。
(三)案件主要事实不清、证据不足或者需要查清其他违法犯罪问题的，应当列出补充调查提纲，退回呈报单位补充调查。必要时，法制部门也可以自行补充调查。
(四)案件事实清楚，证据确实充分，依法应当追究刑事责任、予以治安管理处罚或者作其他处理的，应当退回呈报单位依法处理。
第二十四条、对于补充调查的案件，呈报单位应当在收到补充调查提纲之日起的五日内调查完毕；法制部门自行补充调查的，应当在决定补充调查之日起的五日内调查完毕。
补充调查以一次为限。补充调查后，地级以上公安机关法制部门仍然认为案件主要事实不清、证据不足的，应当提请本级公安机关劳动教养审批委员会审议后作出不予劳动教养的决定。
第四章、聆询
第二十五条、除对组织、利用邪教组织破坏国家法律实施和吸食、注射毒品的违法犯罪嫌疑人决定劳动教养的案件外，对具有下列情形之一的案件，地级以上公安机关可以以同级劳动教养管理委员会的名义组织聆询：
(一)应当对违法犯罪嫌疑人决定劳动教养二年以上的；
(二)应当对未成年违法犯罪嫌疑人决定劳动教养的。
对其他种类的劳动教养案件是否实行聆询，由各省、自治区、直辖市公安厅、局和新疆生产建设兵团公安局根据本地区的实际情况作出规定。
第二十六条、对按照本规定第二十五条规定可以举行聆询的劳动教养案件，地级以上公安机关法制部门应当在合议完毕后的二日内将《聆询告知书》送达违法犯罪嫌疑人，告知其有要求聆询的权利。
《聆询告知书》应当载明以下内容，并加盖本级劳动教养管理委员会印章：
(一)违法犯罪嫌疑人的姓名、性别、出生年月日；
(二)拟决定劳动教养的事实、理由、期限和依据；
(三)违法犯罪嫌疑人依法享有的权利和提出聆询申请的期限；
(四)聆询组织机关。
第二十七条、对按照本规定第二十五条规定可以举行聆询的劳动教养案件，违法犯罪嫌疑人或者其监护人要求聆询的，应当在收到《聆询告知书》之日起的二日内提出书面或者口头申请。
违法犯罪嫌疑人或者其监护人因不可抗力或者其他特殊原因未在规定的期限内提出聆询申请，但是在障碍消除后的一日内提出申请的，公安机关应当准许。
违法犯罪嫌疑人或者其监护人在规定的期限内未提出聆询申请的，视为放弃要求聆询的权利。
第二十八条、违法犯罪嫌疑人或者其监护人在收到《聆询告知书》后即明确表示不要求聆询或者在收到《聆询告知书》后的二日内未提出聆询申请的，地级以上公安机关法制部门应当在知道违法犯罪嫌疑人或者监护人不要求聆询后的二日内提请本级公安机关劳动教养审批委员会审议决定。
第二十九条、地级以上公安机关收到聆询申请后，应当进行审查，对符合本规定第二十五条规定的，应当决定聆询一次；对不符合本规定第二十五条规定的，应当在收到聆询申请之日起的二日内作出不聆询的决定，在作出决定后的二日内书面通知聆询申请人，并说明理由。
第三十条、地级以上公安机关决定聆询后，应当制作《聆询通知书》，在举行聆询的二日前送达聆询申请人，并通知呈报单位和其他参加人。
《聆询通知书》应当载明以下内容，并加盖本级劳动教养管理委员会印章：
(一)聆询申请人的姓名、性别、出生年月日、身份证件号码；
(二)案由；
(三)举行聆询的时间、地点；
(四)聆询人员的姓名；
(五)聆询申请人在聆询中依法享有的权利。
第三十一条、同一案件的两个以上违法犯罪嫌疑人同时要求聆询的，聆询可以合并举行。
同一案件的部分违法犯罪嫌疑人申请聆询的，地级以上公安机关应当要求未申请聆询的同案违法犯罪嫌疑人参加聆询，并在聆询举行后对全案一并作出决定。
第三十二条、除涉及国家秘密、个人隐私的案件，未成年人违法犯罪案件，以及其他不宜公开聆询的案件外，违法犯罪嫌疑人的近亲属和单位可以各派一至三名代表参加旁听。
在聆询过程中，旁听人员扰乱聆询秩序的，聆询主持人应当警告制止。对不听制止的，可以强行带离；情节严重的，依法追究法律责任。
第三十三条、聆询由合议组组长主持，合议组其他人员参加。
聆询主持人认为必要时，可以要求被侵害人或者其法定代理人参加聆询。
第三十四条、违法犯罪嫌疑人没有正当理由，不出席聆询或者在聆询过程中坚持退出聆询的，视为撤回聆询申请。
第三十五条、举行聆询时，聆询主持人应当告知违法犯罪嫌疑人在聆询中依法享有下列权利：
(一)要求或者放弃聆询；
(二)认为聆询人员与本案有直接利害关系的，有权申请回避；
(三)进行陈述、申辩和质证；
(四)提出新的事实和证据；
(五)核对聆询笔录。
第三十六条、聆询过程中，聆询人员应当组织案件调查人员、违法犯罪嫌疑人围绕案件的主要事实、证据、适用依据、劳动教养的期限、违法所得和非法财物的处理以及其他有关问题进行辩论。
聆询人员应当如实记录聆询情况，《聆询笔录》应当载明下列内容：
(一)聆询参加人的姓名、单位、职务；
(二)聆询人员姓名、职务；
(三)举行聆询的时间、地点；
(四)案件调查人员陈述的事实、理由、建议决定劳动教养的依据；
(五)违法犯罪嫌疑人的陈述、申辩和质证；
(六)证人的陈述或者证人证言；
(七)违法犯罪嫌疑人、案件调查人员、证人对各自陈述予以签名或者捺指印。
第三十七条、聆询结束后，聆询主持人应当组织聆询人员进行合议，写出《聆询报告》，根据少数服从多数的原则提出处理意见，并将少数人的意见记入报告，报送本级公安机关法制部门负责人审核。
《聆询报告》应当载明以下内容，并由聆询主持人及其他聆询人员签名：
(一)案由；
(二)聆询的基本情况；
(三)合议的基本情况；
(四)聆询认定的案件事实、证据情况；
(五)处理意见。
第三十八条、地级以上公安机关法制部门应当根据《聆询报告》和《聆询笔录》提出处理意见，提请本级公安机关劳动教养审批委员审议决定。
第五章、决定
第三十九条、地级以上公安机关劳动教养审批委员会应当在收到本级公安机关法制部门提请审议的劳动教养案件之日起的二日内，以同级劳动教养管理委员会的名义作出是否劳动教养的决定。
第四十条、对本级公安机关法制部门提请审议的劳动教养案件。劳动教养审批委员会负责人应当召集组成人员听取合议组组长关于案件情况和处理意见的汇报，组织审议，并按照少数服从多数的原则作出决定。
劳动教养审批委员会审议劳动教养案件和作出决定的情况应当制成《审议纪要》，载明参加审议的每位成员的意见和理由，并由其本人审阅确认无误后签名或者盖章。
第四十一条、地级以上公安机关劳动教养审批委员会对劳动教养案件进行审议后，应当根据案件的不同情况和有关法律规定，分别作出如下决定：
(一)案件事实清楚，证据确实充分，违法犯罪嫌疑人符合劳动教养条件的，作出劳动教养决定。
(二)案件主要事实不清、证据不足的，作出不予劳动教养的决定。
(三)案件事实清楚，证据确实充分，依法应当追究刑事责任、予以治安管理处罚或者作其他处理的，应当责成呈报单位依法处理。
违法犯罪嫌疑人有违法所得、非法财物的，在作出劳动教养决定的同时，应当依法决定没收违法所得、非法财物，上交国库。对被害人的合法财产，应当依法及时返还。对违禁品或者不宜长期保存的物品，应当依照国家有关规定处理。
第四十二条、对没有违法犯罪嫌疑人本人供述，但是其他证据确实充分，能够相互印证，并且符合劳动教养条件的，可以依法作出劳动教养决定；对只有违法犯罪嫌疑人的供述或者只有被侵害人的陈述，没有其他证据的，不得作出劳动教养决定。
第四十三条、依法应当予以劳动教养的违法犯罪行为在三年内未被公安机关发现的，不再决定劳动教养。但是违法犯罪行为已被公安机关立案调查，违法犯罪嫌疑人逃避调查的，以及被侵害人在上述期限内提出控告，公安机关应当立案而不予立案的，不受这一期限的限制。
前款规定的期限，从违法犯罪行为发生之日起计算；违法犯罪行为有连续或者继续状态的，从行为终了之日起计算。
第四十四条、决定劳动教养的期限，应当与违法犯罪嫌疑人的违法犯罪事实、性质、情节、动机、社会危害程度及应当承担的法律责任相适应，确定为一年、一年三个月、一年六个月、一年九个月、二年、二年三个月、二年六个月、二年九个月或者三年。
对未成年人决定劳动教养的期限，除强制戒除后又吸食、注射毒品的以外，一般为一年或者一年三个月，最长不得超过一年六个月。
第四十五条、依法应当予以劳动教养的违法犯罪嫌疑人具有下列情形之一的，可以免予劳动教养：
(一)自动投案且违法犯罪行为轻微的；
(二)被胁迫、诱骗参与违法犯罪活动，且违法犯罪行为轻微的；
(三)初犯且作案后主动退赃、赔偿损失、本人确有悔改表现的；
(四)有重大立功表现的；
(五)有其他法定免予劳动教养情节的。
第四十六条、依法应当予以劳动教养的违法犯罪嫌疑人具有下列情形之一的，可以从轻确定劳动教养期限：
(一)在共同违法犯罪中起次要或者辅助作用；
(二)被胁迫、诱骗参与违法犯罪活动的；
(三)自动投案或者被公安机关抓获后，如实供述自己的违法犯罪事实的；
(四)有立功表现的；
(五)有其他法定从轻处理情节的。
第四十七条、依法应当予以劳动教养的违法犯罪嫌疑人具有下列情形之一的，可以从重确定劳动教养期限：
(一)刑满释放后二年内或者解除劳动教养后一年内又故意实施违法犯罪行为的；
(二)在公安机关对其立案调查或者审批劳动教养期间逃跑的；
(三)胁迫、诱骗、教唆未成年人违法犯罪的；
(四)实施两种以上违法犯罪行为，依法均应当予以劳动教养的；
(五)有其他法定从重处理情节的。
第四十八条、劳动教养期限自作出劳动教养决定之日起计算，作出劳动教养决定前因同一行为被依法先行羁押的，羁押一日折抵劳动教养一日。被决定劳动教养人员逃跑的期间不计入劳动教养期限。
第四十九条、地级以上公安机关以本级劳动教养管理委员会的名义作出劳动教养决定后，应当制作《劳动教养决定书》和《劳动教养通知书》，加盖本级劳动教养管理委员会印章，在作出劳动教养决定后的三日内送达呈报单位。
《劳动教养决定书》应当载明下列内容：
(一)被劳动教养人员的基本情况，包括姓名、性别、出生年月日、身份证件号码、出生地、民族、文化程度、职业、工作单位、住址、违法犯罪经历；
(二)违法犯罪事实、证据，包括呈报单位的认定，违法犯罪嫌疑人的供述和辩解，劳动教养管理委员会认定的事实、证据及理由；
(三)是否举行聆询，聆询的基本情况；
(四)决定劳动教养的依据；
(五)决定劳动教养的期限，是否决定劳动教养所外执行，决定劳动教养所外执行的理由和依据；决定前是否先行羁押，先行羁押的措施名称、期限及其折抵情况；
(六)对违法所得、非法财物的处理决定；
(七)被劳动教养人员依法享有的申请行政复议、提起行政诉讼的权利；
(八)损害赔偿的解决途径；
(九)作出劳动教养决定的时间。
第五十条、对劳动教养案件中涉及的损害赔偿，劳动教养管理委员会不得作出决定，被侵害人或者其法定代理人应当依照《民法通则》和《民事诉讼法》向人民法院提起民事诉讼。
第六章、执行
第五十一条、劳动教养决定自作出决定之日起生效。
第五十二条、呈报单位应当在收到《劳动教养决定书》之日起的二日内，向被劳动教养人员及其家属宣布决定劳动教养的事实、依据、期限，以及被劳动教养人员依法享有的权利，并将《劳动教养决定书》送达被劳动教养人员和被侵害人。被劳动教养人员及其家属应当在《送达回执》上签名或者撩指印；拒绝签名或者撩指印的，宣布人或者送达人应当在《送达回执》上注明。
呈报单位无法按照前款规定向被劳动教养人员的家属当面宣布决定劳动教养的事实、依据、期限，以及被劳动教养人员依法享有的权利的，应当将《劳动教养决定书》送达被劳动教养人员的家属，并在《送达回执》上注明；被劳动教养人员没有家属，或者因其不讲真实姓名、住址、身份而无法找到其家属的，应当在《送达回执》上注明。
第五十三条、呈报单位应当在《劳动教养决定书》送达被劳动教养人员之日起的一个月内，将被劳动教养人员投送指定的劳动教养场所执行，并将《劳动教养决定书》、《劳动教养通知书》一并送达劳动教养场所。但是在被劳动教养人员依法申请行政复议、提起行政诉讼，或者其本人及其家属、单位申请所外执行期间，被劳动教养人员可以暂不投送劳动教养场所。
呈报单位应当在被劳动教养人员投送劳动教养场所执行之日起的七日内，将劳动教养场所签收的回执送原审批劳动教养的公安机关。
第五十四条、对符合本规定第十一条第二款规定的条件之一，或者具有下列情形之一的违法犯罪嫌疑人，可以决定劳动教养所外执行：
(一)有特殊业务技术专长，确为本单位生产、科研所必需，其单位提出申请的；
(二)家庭成员患有严重疾病、生活不能自理或者没有生活来源，确需本人照顾或者扶养的。
被劳动教养人员或者其家庭成员患有严重疾病的，应当提供省级人民政府指定的医院开具的证明文件。
第五十五条、对具有下列情形之一的被决定劳动教养的人员，除严重病患者和怀孕或者哺乳自己未满一周岁婴儿的妇女外，不得批准所外执行：
(一)因实施危害国家安全行为被决定劳动教养的；
(二)属于多次作案、流窜作案或者其违法犯罪行为在当地造成恶劣影响的；
(三)曾被劳动教养或者受过刑事处罚的；
(四)染有毒瘾未戒除的；
(五)为逃避劳动教养或者决定劳动教养后自伤、自残、逃跑的；
(六)不投送劳动教养场所执行可能有社会危险性的；
(七)被决定劳动教养人员的家庭、监护人和单位均没有实际帮教条件的。
第五十六条、被劳动教养人员符合所外执行条件的，其本人、家属或者单位在其被投送劳动教养场所执行前，可以书面申请所外执行。
申请所外执行，必须说明理由，并提交相关证明材料，经居住地公安派出所核实后，报县级公安机关法制部门审核。县级公安机关法制部门应当在收到所外执行申请之日起的二日内进行审核，提出是否同意所外执行的意见，经本级公安机关负责人审核后，逐级报送审批劳动教养的公安机关决定。
第五十七条、地级以上公安机关在作出劳动教养决定前收到所外执行申请的，应当对所外执行申请和县级公安机关的意见进行审核，并在决定劳动教养的同时作出是否同意所外执行的决定，在《劳动教养决定书》中载明。
地级以上公安机关在作出劳动教养决定后、投送劳动教养场所执行前收到所外执行申请的，应当由本级公安机关法制部门在收到所外执行申请之日起的十五日内，对所外执行申请和县级公安机关的意见进行审核，以同级劳动教养管理委员会的名义作出是否同意劳动教养所外执行的决定，并在作出决定后的三日内将《劳动教养所外执行或者不予所外执行决定书》送达呈报单位。呈报单位应当在收到《劳动教养所外执行或者不予所外执行决定书》之日起的五日内送达所外执行申请人。
地级公安机关作出劳动教养所外执行决定的，应当报省级公安机关备案。
第五十八条、对批准劳动教养的同时决定所外执行的，呈报单位应当在收到《劳动教养决定书》、《劳动教养通知书》之日起的三日内，将《劳动教养决定书》、《劳动教养通知书》送达被劳动教养人员的单位和居住地公安派出所。
对批准劳动教养后决定所外执行的，呈报单位应当在收到《劳动教养所外执行决定书》、《劳动教养所外执行通知书》之日起的三日内，将《劳动教养所外执行决定书》、《劳动教养所外执行通知书》送达被劳动教养人员的单位和居住地公安派出所。
第五十九条、呈报单位在向被决定劳动教养所外执行的人宣布所外执行决定时，应当告知其必须遵守下列规定：
(一)遵守法律、行政法规和公安部制定的有关规定，服从帮教；
(二)每隔三个月向居住地公安派出所报告一次自己的活动情况；
(三)确因治病、探亲等特殊情况需要到所居住的县、市以外地方的，必须报经居住地县级公安机关批准；
(四)遵守公安机关制定的具体监督管理规定。
第六十条、对所外执行的被劳动教养人员，由居住地公安派出所会同其单位、居住地街道办事处、居(村)民委员会进行帮教。被劳动教养人员居住地县级公安机关应当每隔半年对其考察一次，并将考察情况书面报原审批劳动教养的公安机关。
第六十一条、居住地公安派出所发现被劳动教养人员在所外执行期间具有下列情形之一的，应当逐级报送原审批劳动教养的公安机关批准，制作《撤销所外执行投送场所执行决定书》，由原呈报单位投送劳动教养场所执行剩余的劳动教养期限，但剩余劳动教养期限不足三个月的除外。具有下列第(二)项情形的，不得扣除已经执行的劳动教养期限：
(一)申请所外执行的情形消失的；
(二)提供虚假证明文件骗取所外执行的；
(三)违反公安机关的监督管理规定，情节严重的；
(四)实施违法犯罪行为，尚不够刑事处罚的。
对违反前款第(三)项或者第(四)项规定，依照规定不宜投送劳动教养场所执行的被劳动教养人员，原审批劳动教养的公安机关应当根据其违法犯罪行为的事实、情节、动机、社会危害程度及应当承担的法律责任，以同级劳动教养管理委员会的名义决定延长劳动教养期限三个月至十二个月，但是累计延长期限不得超过十二个月。
第六十二条、被劳动教养人员在所外执行期间有突出表现的，原审批劳动教养的公安机关可以以本级劳动教养管理委员会的名义作出减少劳动教养期限或者提前解除劳动教养的决定。
减少劳动教养期限或者提前解除劳动教养，不得超过原劳动教养期限的二分之一。
第六十三条、依照本规定对被劳动教养所外执行人员撤销所外执行投送劳动教养场所执行、减少劳动教养期限或者提前解除劳动教养的，由被劳动教养人员居住地公安派出所提出书面意见，经县级公安机关法制部门审核后逐级报送原审批劳动教养的公安机关批准。
第六十四条、被劳动教养所外执行人员执行期限即将届满的，居住地公安派出所应当在期满前一个月，对所外执行人员进行鉴定，填写《解除劳动教养鉴定表》，并附定期考察材料、帮教单位的意见以及被劳动教养人员的小结，报送原审批劳动教养的公安机关。
第六十五条、对被劳动教养人员解除或者提前解除劳动教养的，原审批劳动教养的公安机关应当制作《解除劳动教养决定书》，加盖本级劳动教养管理委员会印章后，交由呈报单位送达被劳动教养人员。
第六十六条、原审批劳动教养的公安机关批准撤销所外执行投送劳动教养场所执行、减少劳动教养期限以及解除、提前解除劳动教养的，应当书面通知被劳动教养人员及其单位、居住地公安派出所。
第六十七条、被劳动教养人员在执行期间，因其他犯罪行为被依法判处刑罚的，应当先执行刑罚；但是被依法判处管制或者缓刑的，应当在劳动教养执行期满后继续执行管制或者缓刑。
被劳动教养人员在执行期间，因其他犯罪行为被依法判处五年或者五年以下有期徒刑、拘役的，刑满释放后其剩余的劳动教养期限应当继续执行；被依法判处五年以上有期徒刑，或者被依法判处无期徒刑、死刑缓期执行后被依法减为有期徒刑的，刑满释放后，其剩余的劳动教养期限不再执行。
第七章、执法监督
第六十八条、公安机关办理劳动教养案件的工作，接受人民检察院的法律监督、行政监察机关的行政监督和人民群众的监督。
第六十九条、地级以上公安机关劳动教养审批委员会审议决定劳动教养的工作，接受同级劳动教养管理委员会的监督。
第七十条、办理劳动教养案件，应当建立和完善办案责任制度、过错责任追究制度及其他内部执法监督制度。
办理劳动教养案件的情况，应当纳入公安机关执法质量考核评议范围。
第七十一条、上级公安机关发现下级公安机关以劳动教养管理委员会名义作出的劳动教养决定有错误的，应当以本级劳动教养管理委员会的名义予以撤销或者变更，或者责令下级公安机关限期纠正。
第七十二条、被劳动教养人员对劳动教养决定不服的，可以依照行政复议法的规定向作出决定的劳动教养管理委员会的本级人民政府或者上一级劳动教养管理委员会申请行政复议。
被劳动教养人员向上一级劳动教养管理委员会申请行政复议的，同级公安机关应当依法受理，并以同级劳动教养管理委员会的名义依法作出行政复议决定。
第七十三条、被劳动教养人员对劳动教养决定不服的，可以依照行政诉讼法的规定向人民法院提起行政诉讼。
被劳动教养人员因不服劳动教养决定提起行政诉讼的，公安机关应当以同级劳动教养管理委员会的名义依法参加诉讼。
第七十四条、在申请行政复议或者提起行政诉讼期间，劳动教养决定不停止执行；但是具有下列情形之一的，可以依法停止执行：
(一)原审批劳动教养的公安机关认为需要停止执行的；
(二)行政复议机关认为需要停止执行的；
(三)人民法院依法裁定停止执行的；
(四)法律规定停止执行的。
第七十五条、被劳动教养人员认为劳动教养决定侵犯其合法权益的，可以依照国家赔偿法的规定申请国家赔偿。
被劳动教养人员申请国家赔偿的，公安机关应当以同级劳动教养管理委员会的名义依法办理。
第七十六条、被劳动教养人员对决定劳动教养的主要事实不服的，可以依照《劳动教养试行办法》的规定向作出决定的劳动教养管理委员会申请复查。
被劳动教养人员申请复查的，公安机关应当以同级劳动教养管理委员会的名义依法进行复查。
第七十七条、被劳动教养人员对劳动教养决定不服提出申诉，或者超过法定的申请行政复议期限向劳动教养管理委员会申请行政复议的，原审批劳动教养的公安机关应当按照《公安机关受理控告申诉暂行规定》办理。
第七十八条、公安机关的人民警察在办理劳动教养案件的过程中，利用职务上的便利，索取或者收受他人财物的，以及玩忽职守、滥用职权、徇私舞弊的，应当依照规定给予行政处分；构成犯罪的，依法追究刑事责任。
第八章、附则
第七十九条、本规定所称“日”是指工作日，不含法定节假日。
第八十条、本规定由公安部负责解释。
第八十一条、本规定涉及的有关法律文书格式，由公安部统一制定，各省、自治区、直辖市公安厅、局和新疆生产建设兵团公安局负责印制。
第八十二条、各省、自治区、直辖市公安厅、局和新疆生产建设兵团公安局可以根据本规定制定具体操作规程，并报公安部备案。
第八十三条、本规定自二○○二年六月一日起施行。本规定生效后，公安部以前制定的规定，凡与本规定不一致或者重复的，一律以本规定为准。
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