论劳动教养制度的司法化改革

发布时间：2018-10-13 09:57

【摘要】： 劳动教养这一中国所特有的法律制度,在半个多世纪的实践中发挥了重要作用。但是随着我国“依法治国”方略的确立和对人权保障的日益重视,劳动教养自身的缺陷和历史局限性日益凸显,劳动教养制度面临着质疑和挑战,迫切需要改革。本文首先对我国的劳动教养制度的概念与性质,历史与现状,问题与缺陷进行解读;其次,从历史、现实和法制功能的角度分析了劳动教养制度的合理性;再次,通过对劳动教养制度与国外尤其是日本轻罪制度的对比研究,从中获取劳动教养制度改革的启示;最后,对劳动教养制度改革模式设想进行了分析和评价,特别对劳动教养制度司法化改革的设想提出了笔者的建议。
[Abstract]:Reeducation through labor, a unique legal system in China, has played an important role in the practice of more than half a century. However, with the establishment of the general plan of "ruling the country by law" and the increasing attention to the protection of human rights, the defects and historical limitations of reeducation through labor are becoming increasingly prominent, and the system of re-education through labor is facing challenges and challenges, which urgently need to be reformed. Firstly, this paper analyzes the concept and nature, history and present situation, problems and defects of the system of re-education through labor in China. Secondly, it analyzes the rationality of the system from the perspective of history, reality and the function of legal system. Through a comparative study of the reeducation through labor system and the misdemeanor system abroad, especially in Japan, the enlightenment of the reform of the reeducation through labor system is obtained. Finally, the assumption of the reform mode of the reeducation through labor system is analyzed and evaluated. In particular, the author's suggestions are put forward for the reform of the judicial reform of the reeducation through labor system.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D926.8

【参考文献】