关于深圳福田警方卖淫女示众处理案分析
发布时间：2018-07-22 10:16
【摘要】： 人格尊严入宪即昭示了其作为人的基本权利的不可侵犯性,立足于主权在民的理念,现代宪法确认个人尊严,禁止用任何方法侵犯。但人格尊严立法在我国仍刚刚起步,它的出现基本国内修宪人员对文化大革命期间大量的戕害人性侵害人权行为的反思结果,学术界对其探讨也就显得不足,所以其并不是在完备的理论基础的支持下出现的,而是具有鲜明的时代性,工具性。 长期以来,我国一直强调的是社会本位,权力制约权利的现象一直存在,而作为掌握大量公权力、与民众最息息相关的部门,行政机关依法行政尤其是依宪行政显得尤为重要。本文从行政法,宪法等方面深入探讨深圳福田警方“卖淫女示众处理案”,对争议焦点逐一分析、探讨。并在厘清争议的同时,对解决问题的思路做一分析与反思。 本文主要分为四个部分： 第一节,案情简介及争议焦点。介绍案例来源,基本情况,及各方争议焦点的梳理。第二节对争议焦点做一剖析,阐明“公开”与“示众”的区别与界限,阐述分析深圳警方执法行为的正当性与否。第三节论述的是人格与人格尊严的内涵,得出结论深圳警方执法行为侵犯了当事人的人格尊严。并对如何实现被侵犯的权利之救济进行探讨。第四节,本部分主要对发生权力侵害权利时,即本案例当事人之人格尊严被侵害,而不能获得有效救济时所作出的制度上的反思与重构建议。第五节,针对频频发生的权力侵害权利的现象,说明切实加强普通大众尤其是公务员的宪法意识的重要性,以及实现途径的简单探讨。
[Abstract]:The entry of human dignity into the Constitution shows the inviolability of its basic rights as human beings, based on the concept of sovereignty in the people, and the modern constitution recognizes the dignity of the individual and prohibits any method from infringing on it. However, the legislation of human dignity is still in its infancy in our country, and the basic domestic constitutional revisers' reflection on the massive harm to human nature and human rights during the Cultural Revolution has led to a lack of discussion on it in academic circles. Therefore, it does not appear under the support of the complete theoretical basis, but has a distinct epoch and instrumentality. For a long time, our country has been emphasizing on the social standard, the phenomenon of power restricting the right has always existed, and as a department that grasps a large number of public power and is most closely related to the people, it is particularly important for administrative organs to administer according to law, especially according to the constitution. This paper probes deeply into Shenzhen Futian police's "case of dealing with prostituted women" from administrative law, constitution and so on, and analyzes and probes into the dispute focus one by one. And at the same time to clarify the dispute, to solve the problem to do an analysis and reflection. This article is divided into four parts: the first section, the brief case and the focus of controversy. Introduce the source of the case, the basic situation, and the focus of the parties to the dispute combing. The second section makes an analysis of the focus of the dispute, clarifies the distinction and boundary between "open" and "public", and analyzes the legitimacy of Shenzhen police's law enforcement. The third section discusses the connotation of personality and human dignity, and draws a conclusion that the law enforcement behavior of Shenzhen police infringes on the human dignity of the parties. And how to realize the relief of the violated rights are discussed. In the fourth section, this part is mainly about the reflection and reconstruction of the system when the right is infringed, that is, the human dignity of the party concerned is infringed, but the party can not obtain the effective remedy. The fifth section explains the importance of strengthening the constitutional consciousness of the general public, especially the civil servants, and discusses the ways to realize it.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D631.4
本文编号：2137078
[Abstract]:The entry of human dignity into the Constitution shows the inviolability of its basic rights as human beings, based on the concept of sovereignty in the people, and the modern constitution recognizes the dignity of the individual and prohibits any method from infringing on it. However, the legislation of human dignity is still in its infancy in our country, and the basic domestic constitutional revisers' reflection on the massive harm to human nature and human rights during the Cultural Revolution has led to a lack of discussion on it in academic circles. Therefore, it does not appear under the support of the complete theoretical basis, but has a distinct epoch and instrumentality. For a long time, our country has been emphasizing on the social standard, the phenomenon of power restricting the right has always existed, and as a department that grasps a large number of public power and is most closely related to the people, it is particularly important for administrative organs to administer according to law, especially according to the constitution. This paper probes deeply into Shenzhen Futian police's "case of dealing with prostituted women" from administrative law, constitution and so on, and analyzes and probes into the dispute focus one by one. And at the same time to clarify the dispute, to solve the problem to do an analysis and reflection. This article is divided into four parts: the first section, the brief case and the focus of controversy. Introduce the source of the case, the basic situation, and the focus of the parties to the dispute combing. The second section makes an analysis of the focus of the dispute, clarifies the distinction and boundary between "open" and "public", and analyzes the legitimacy of Shenzhen police's law enforcement. The third section discusses the connotation of personality and human dignity, and draws a conclusion that the law enforcement behavior of Shenzhen police infringes on the human dignity of the parties. And how to realize the relief of the violated rights are discussed. In the fourth section, this part is mainly about the reflection and reconstruction of the system when the right is infringed, that is, the human dignity of the party concerned is infringed, but the party can not obtain the effective remedy. The fifth section explains the importance of strengthening the constitutional consciousness of the general public, especially the civil servants, and discusses the ways to realize it.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D631.4
【参考文献】
相关期刊论文 前2条
1 真田芳宪;鲍荣振;;人的尊严与人权[J];环球法律评论;1993年02期
2 李累;宪法上“人的尊严”[J];中山大学学报(社会科学版);2002年06期
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