论改革和完善政府收容教养制度执行方式
发布时间：2019-04-09 18:20
【摘要】： 本文以目前政府收容教养制度的执行方式和政府收容教养少年的矫治模式为切入点,与未成年劳动教养人员相比较,针对政府收容教养制度在执行过程中的混乱局面,结合笔者在司法实践工作中的亲身体会,阐述两种制度适用对象在自然属性、法律属性、社会属性等相异之处,检视当前两种制度在执行过程中的无区别对待带来的弊端,进而就政府收容教养制度执行方式和政府收容教养少年矫治模式提出基本设想。本文引言部分简要介绍了当前政府收容教养制度的研究现状,第一部分致力于厘清政府收容教养制度与劳动教养制度、政府收容教养少年与未成年劳动教养人员的概念、性质、适用对象。第二部分回顾了政府收容教养少年、未成年劳动教养人员执行机构的沿革,指出当前执行环节对两种制度、两个群体一体化对待的司法现状。第三部分从生理学、社会学、法学以及矫治实践等角度论述政府收容教养少年与未成年劳动教养人员之间的差异,继而指出两者应区别对待。第四、第五部分从司法实践者的角度介绍当前对未成年劳动教养人员、政府收容教养少年实施的管理、教育、生活卫生模式,以及该模式在确立司法制度权威性、维护违法犯罪少年身心健康、维护违法犯罪少年合法权益、提高教育矫治质量等方面显露的弊端。第六部分对政府收容教养制度的具体执行方式提出构想,通过设立少年教养院、改造工读学校、实施家中监禁、设立养育家庭等社区矫正项目,减少监禁化处理,加大后续帮教力度,更好地帮助政府收容教养少年回归社会。最后结论部分认为,在寄予《违法行为矫治法》较高期待的同时,应加大对政府收容教养少年这一特殊群体的关注,改革和完善政府收容教养制度的执行方式,凸显该制度在降低和减少青少年违法犯罪、促进社会和谐进程中的意义。
[Abstract]:Based on the current mode of implementation of the government's reeducation system and the correctional mode of the government's acceptance of juveniles, this paper compares with the juvenile reeducation through labor and aims at the chaotic situation in the process of implementation of the government's reeducation system. Combined with the author's personal experience in judicial practice, this paper expounds the differences in natural attributes, legal attributes and social attributes between the two kinds of systems, and examines the disadvantages brought about by the indifference between the two systems in the process of implementation. Furthermore, the paper puts forward the basic ideas on the implementation mode of the government's reformatory system and the correctional mode of the young people accepted by the government. The introduction of this paper briefly introduces the current research status of government reeducation system. The first part is devoted to clarifying the concept and nature of government reeducation system and reeducation through labour system, and the concept and nature of government acceptance of juvenile and minor reeducation-through-labor personnel. Applicable object. In the second part, the author reviews the evolution of the government's administration of juvenile and juvenile reeducation through labor, and points out the current judicial situation of the two systems and the integration of the two groups. The third part discusses the differences between juvenile and juvenile reeducation through physiology, sociology, law and corrective practice, and then points out that the two should be treated differently. The fourth and fifth part introduces the current management, education, life and health model of juvenile reeducation through labour, the government's adoption of juvenile education, and the establishment of the authority of the judicial system from the point of view of judicial practitioners. The malpractice of maintaining the physical and mental health of the juvenile delinquent, safeguarding the legitimate rights and interests of the juvenile delinquent and improving the quality of education and correction. In the sixth part, the author puts forward the idea of the concrete implementation mode of the government's reformatory system, through the establishment of juvenile correctional institutions, the transformation of work-study schools, the implementation of home imprisonment, the establishment of community correction projects such as raising families and so on, and the reduction of incarceration. Strengthen the follow-up education efforts, better help the government to take care of young people to return to society. In the last part of the conclusion, while placing high expectations on the Law on the Correction of unlawful acts, we should pay more attention to the special group of young people accepted by the government, and reform and improve the mode of implementation of the government's reformatory system. Highlight the significance of this system in reducing and reducing juvenile delinquency and promoting social harmony.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D926.8
本文编号：2455420
[Abstract]:Based on the current mode of implementation of the government's reeducation system and the correctional mode of the government's acceptance of juveniles, this paper compares with the juvenile reeducation through labor and aims at the chaotic situation in the process of implementation of the government's reeducation system. Combined with the author's personal experience in judicial practice, this paper expounds the differences in natural attributes, legal attributes and social attributes between the two kinds of systems, and examines the disadvantages brought about by the indifference between the two systems in the process of implementation. Furthermore, the paper puts forward the basic ideas on the implementation mode of the government's reformatory system and the correctional mode of the young people accepted by the government. The introduction of this paper briefly introduces the current research status of government reeducation system. The first part is devoted to clarifying the concept and nature of government reeducation system and reeducation through labour system, and the concept and nature of government acceptance of juvenile and minor reeducation-through-labor personnel. Applicable object. In the second part, the author reviews the evolution of the government's administration of juvenile and juvenile reeducation through labor, and points out the current judicial situation of the two systems and the integration of the two groups. The third part discusses the differences between juvenile and juvenile reeducation through physiology, sociology, law and corrective practice, and then points out that the two should be treated differently. The fourth and fifth part introduces the current management, education, life and health model of juvenile reeducation through labour, the government's adoption of juvenile education, and the establishment of the authority of the judicial system from the point of view of judicial practitioners. The malpractice of maintaining the physical and mental health of the juvenile delinquent, safeguarding the legitimate rights and interests of the juvenile delinquent and improving the quality of education and correction. In the sixth part, the author puts forward the idea of the concrete implementation mode of the government's reformatory system, through the establishment of juvenile correctional institutions, the transformation of work-study schools, the implementation of home imprisonment, the establishment of community correction projects such as raising families and so on, and the reduction of incarceration. Strengthen the follow-up education efforts, better help the government to take care of young people to return to society. In the last part of the conclusion, while placing high expectations on the Law on the Correction of unlawful acts, we should pay more attention to the special group of young people accepted by the government, and reform and improve the mode of implementation of the government's reformatory system. Highlight the significance of this system in reducing and reducing juvenile delinquency and promoting social harmony.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D926.8
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