收容教养制度研究

发布时间：2018-03-18 15:53

本文选题：收容教养　切入点：理论基础　出处：《中国人权评论》2014年02期 　论文类型：期刊论文

【摘要】：收容教养制度旨在加强未成年人违法犯罪的治理、预防和减少未成年人违法犯罪。其理论基础囊括了刑事政策、刑罚思想以及国家亲权理论三个方面,这奠定了其存在的正当性与合理性。然而当前的制度设计却存在诸多不足。在立法上,法律依据不充分、立法理念不合理、立法技术不成熟;在程序上,公安机关权力过大,不仅单独对案件事实进行调查,还拥有收容教养的审批和决定权,被决定收容教养的少年缺乏有效的救济途径;在执行上,收容教养的执行方式过于单一,执行场所封闭而且混乱,执行期限较长并缺少灵活性,而且解教后的后续工作不够完善,此皆严重影响了其制度功能的发挥,阻却了最终目标的实现。有必要确立收容教养运行中的法定原则、必要原则和适当原则;明确我国收容教养的"保护处分"性质,规定收容教养的条件与期限;形成公安机关负有侦查与初审之责,而人民法院享有收容决定权之格局;同时,通过建立收容教养院,实行封闭教育与社会教育相结合,以及个别化、分类化的处遇的执行方式,辅之以后续帮教,最终完善的收容教养制度达到社会防卫和保护少年健康成长之间平衡之效果,实现社会利益和个体利益的双向保护。
[Abstract]:The system aims to strengthen the administration of juvenile delinquency and to prevent and reduce juvenile delinquency. Its theoretical basis includes three aspects: criminal policy, thought of punishment and theory of national parental power. This has laid down the legitimacy and rationality of its existence. However, there are many deficiencies in the current system design. In legislation, the legal basis is not sufficient, the legislative idea is unreasonable, the legislative technology is not mature, and the public security organs have too much power in the procedure. Not only to investigate the facts of the case alone, but also to have the right to approve and decide on the detention and correctional system. The juveniles who have been decided to receive and reeducation have no effective means of relief. In terms of execution, the mode of implementation of the detention and correctional system is too single. The execution place is closed and chaotic, the execution period is long and lack of flexibility, and the follow-up work after teaching is not perfect, which seriously affects the exertion of its system function. It is necessary to establish the legal principle, the necessary principle and the appropriate principle, to clarify the nature of the "protective punishment" of the reception and reeducation in our country, and to stipulate the conditions and the time limit of the reception and reeducation. The public security organs have the responsibility of investigation and first instance, and the people's courts have the right to accept the right of decision; at the same time, through the establishment of the residential institutions, the combination of closed education and social education, as well as individualization, Classification of the implementation of the situation, assisted by the subsequent continuation of education, the final completion of the system of institutionalization to achieve the social defense and protection of the healthy growth of young people balance effect, to achieve the two-way protection of social interests and individual interests.
【作者单位】：常州市天宁区人民法院;
【分类号】：D926.8

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