劳动教养及其改革若干问题探讨

发布时间：2018-02-05 21:43

本文关键词： 劳动教养制度劳动教养司法化违法行为矫治社区矫正　出处：《中国政法大学》2006年硕士论文　论文类型：学位论文

【摘要】： 劳动教养是我国特有的一种法律制度,是根据全国人大常委会批准、国务院公布的《关于劳动教养问题的决定》和《关于劳动教养的补充规定》,对有违法和轻微犯罪行为,但不够或不需要刑事处罚的人实行强制性教育矫治的一种行政措施。自1955年创办以来,劳动教养制度在保卫国家政权、维护社会稳定、教育挽救违法犯罪青少年、保障社会主义现代化建设中起到了重要的作用。随着依法治国、建设社会主义法治国家目标的提出和《公民权利与政治权利国际公约》和《经济、社会和文化权利国际公约》的加入,劳动教养制度所追求的保护社会的目标的片面性和不合理性便日益凸现,其先前的政治正确性也逐渐丧失,并且在国际上也经常成为少数国家攻击我国人权问题的藉口。本文通过对劳动教养制度进行历史考察和成因剖析,分析了劳动教养制度与依法治国、建设社会主义法治国家之间存在的冲突,并提出了改革及完善的途径和措施。本文共分为四个部分: 本文第一部分主要阐述了劳动教养制度的历史演进,指出了劳动教养制度的五个发展阶段:创办、发展、停滞、恢复和发展;分析了劳动教养制度产生和存在的原因,以及不同时期劳动教养的特点,对劳动教养的历史作用也进行了客观的评价。本文第二部分主要从适用对象和范围、强度设计、程序、监督、救济、合法性、宪政化缺陷等不同角度和层次,分析了劳动教养制度与依法治国、建设社会主义法治国家目标之间的冲突。并在此基础上,对现行劳动教养的性质和价值取向进行了探讨。本文第三部分对劳动教养制度的改革提出了一些宏观的认识。首先在对劳动教养存废的认识上,认为应当从人权保障和秩序维护兼顾的角度来看待劳动教养的改革。其次,改革劳动教养制度,在实体方面应确立司法化,统一、全面、规范立法,有利于教育与矫正,合理兼顾社会公共秩序与公民个人权利,社会化的原则;在程序方面应坚持公正、经济、实效的原则。再次,劳动教养应当司法化。对劳动教养司法化的必要性、劳动教养司法化所要求实现的程序公正、劳动教养司法化模式的选择及建构等内容进行了分析。本文第四部分将劳动教养制度的改革与十届全国人大三次会议已列为计划审
[Abstract]:Reeducation through labor is a special legal system of our country. It is the decision on reeducation through labor issued by the State Council and the supplementary provisions on reeducation through labour approved by the standing Committee of the National people's Congress. An administrative measure for compulsory education and correction of persons who have committed offences or minor offences, but who do not need or require criminal punishment. Since its establishment in 1955, the system of re-education through labour has defended the State power. Social stability, education to save juvenile delinquents and ensure socialist modernization played an important role. With the rule of law, the goal of building a socialist country ruled by law and the accession to the International Covenant on Civil and political Rights and the International Covenant on Economic, Social and Cultural Rights. The one-sidedness and irrationality of the goal of protecting the society pursued by the system of re-education through labor are becoming more and more obvious, and its previous political correctness is gradually losing. And it has often become an excuse for a few countries to attack China's human rights problems. Based on the historical investigation and analysis of the causes of the system of re-education through labor, this paper analyzes the conflicts between the system of re-education through labor and the rule of law and the construction of a socialist country ruled by law. And put forward the reform and perfect way and measure. This paper is divided into four parts: The first part of this paper mainly expounds the historical evolution of the system of re-education through labor, pointing out the five stages of development of the system: establishment, development, stagnation, recovery and development; This paper analyzes the causes of the emergence and existence of the system of re-education through labor, as well as the characteristics of re-education through labour in different periods, and makes an objective evaluation of the historical role of re-education through labor. The second part of this paper mainly focuses on the applicable object and scope. Intensity design, procedure, supervision, relief, legitimacy, constitutionalism defects and other different angles and levels, analyzed the system of re-education through labor and the rule of law. On the basis of the conflict between the goals of building a socialist country ruled by law, this paper probes into the nature and value orientation of current reeducation through labor. The third part of this paper puts forward some macroscopic understanding on the reform of the re-education through labor system. The author thinks that the reform of reeducation through labor should be viewed from the angle of both human rights protection and order maintenance. Secondly, the reform of reeducation through labor system should establish judicature, unification, comprehensive and standardized legislation. It is beneficial to education and correction, reasonable consideration of social public order and individual rights of citizens, the principle of socialization; In the aspect of procedure, we should adhere to the principles of justice, economy and actual effect. Thirdly, reeducation through labor should be judicialized. The selection and construction of judicial mode of reeducation through labor are analyzed. The reform of the system of re-education through labor and the third session of the Tenth National people's Congress have been included in the 4th part of this article as a planned review.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8

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