西方轻罪制度对我国劳教制度改革的启示

发布时间：2018-07-06 14:43

本文选题：劳动教养 + 轻罪制度　；参考：《上海交通大学》2009年硕士论文

【摘要】： 我国的劳动教养制度已经走过了近五十年的风雨历程,它成功地教育、挽救了大量违法和轻微犯罪人员,为维护国家政治稳定和社会安宁,做出了巨大的贡献。但是,无论在立法方面还是在执行方面,劳动教养制度与建设社会主义法制国家的总体要求都存在着诸多不适应的地方,如:对收容对象的界定呈扩大化趋势;其地域限制也违背了社会主义法律适用的平等原则和法制统一原则;其审批程序又缺乏公开性,并未纳入司法程序,而这直接关系到公民人权的切实保障;在劳动教养的执行上“二劳改”的痕迹比较严重,劳动教养的特色不够明显等等。劳教制度面临着质疑和挑战,迫切需要改革,近年来学者们及国际社会对劳教制度的批判使劳教的改革愈发紧迫。本文系统地介绍了劳教制度的历史发展历程,归纳整理出各个时期的特征,探究了劳教制度存在的问题及其成因。随着我国法治建设的不断发展,劳教制度的合法性、合理性和正当性倍受质疑,并日益成为国际人权斗争的焦点和舆论关注的热点。为此,笔者对理论界关于劳教制度的出路进行了评析,并研究了西方的保安处分制度和轻罪制度,将其与我国的劳教制度进行比较研究,提出应借鉴国外的轻罪制度,并结合中国的实际情况,对劳教制度进行改革,将其轻罪化,纳入刑罚体系。笔者希望通过对西方轻罪制度的对比,能对我国的劳动教养制度的改革提供可借鉴的可行性方案,使劳教制度尽快步入法治轨道,使我国的法制建设更加健全完善。
[Abstract]:Our country's reeducation through labor system has gone through nearly 50 years of wind and rain course, it successfully educates, has saved a large number of illegal and minor criminal personnel, has made the huge contribution to maintain the national political stability and the social tranquillity. However, in the aspect of legislation and implementation, there are many unsuitable places in the system of re-education through labor and the overall requirement of building a socialist legal country, such as: the definition of the object of reception is enlarged; Its territorial limitation also violates the principle of equality and the unification of legal system in the application of socialist laws, and its examination and approval procedure lacks openness and is not included in the judicial procedure, which is directly related to the practical protection of citizens' human rights. In the implementation of re-education through labor, the marks of labor reform are serious, the characteristics of labor education are not obvious enough and so on. The reform of reeducation through labour system is facing challenge and challenge, and it needs to be reformed urgently. In recent years, scholars and the international community have criticized the system of re-education through labor, which makes the reform of re-education through labour more urgent. This paper systematically introduces the historical development of the system of re-education through labor, summarizes the characteristics of each period, and probes into the problems and causes of the system of re-education through labour. With the development of the construction of rule of law in China, the legitimacy, rationality and legitimacy of the system of re-education through labour have been questioned and become the focus of international human rights struggle and the focus of public opinion. Therefore, the author comments on the way out of the reeducation through labour system in the theoretical circle, studies the security punishment system and the misdemeanor system in the west, compares them with the reeducation through labour system in our country, and puts forward that the misdemeanor system of foreign countries should be used for reference. Combined with the actual situation in China, the reform of the re-education through labour system, its misdemeanor, into the penal system. The author hopes that through the comparison of the western misdemeanor system, it can provide the feasible scheme for the reform of the reeducation through labor system in our country, make the reeducation through labor system step into the track of the rule of law as soon as possible, and make the legal system construction of our country more perfect and perfect.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D926.8

【引证文献】