论我国劳动教养制度的进一步完善

发布时间：2018-03-04 06:08

本文选题：中国　切入点：劳动教养制度　出处：《郑州大学》2007年硕士论文　论文类型：学位论文

【摘要】： 具有中国特色的劳动教养制度已经走过50年的风雨历程，从其产生初期为彻底肃清新中国成立后暗藏的反革命分子而建立，发展至今成为与刑罚和治安处罚相并列的一种教育改造措施，劳动教养制度在我国发挥了重要作用。但随着依法治国制度的逐步确立，特别是当今各国立法活动中对人权和程序正义等问题日益重视和加强，我国劳动教养制度在理论基础构建存在薄弱和不足、在实施程序和实践运作中存在诸多欠缺和问题。劳动教养制度与《立法法》、《行政处罚法》的规定亦相违背。劳动教养制度的合理性、合法性因此受到质疑，其存废问题也引起了激烈争论。本文通过阐述中国劳动教养制度的历史形成及其发展，，并将其与国外相关制度进行比较研究；分析了现行劳动教养制度存在问题。进而对我国劳动教养制度进行了理性思考，认为劳动教养制度有其存在的必要性和可行性，但必须随着社会的发展进行改革和完善。劳动教养制度的改革和完善应以尊重人权、保障人权为宗旨，兼顾预防控制犯罪增长，维护法治秩序的需要，以实现司法公正。在此基础上对我国目前具有争议的劳动教养制度改革与完善提出立法构建思路，以期对完善我国的劳动教养制度有所裨益。
[Abstract]:The system of reeducation through labor with Chinese characteristics has gone through 50 years of torrential rain. From its initial stage, it was set up to thoroughly eliminate the hidden counter-revolutionaries after the founding of New China. The system of reeducation through labor has played an important role in our country, but with the gradual establishment of the system of governing the country by law, Especially, human rights and procedural justice have been paid more and more attention to in the legislative activities of various countries, and the system of reeducation through labor in our country is weak and insufficient in the theoretical foundation construction. There are many deficiencies and problems in the implementation of the procedure and the practical operation. The system of re-education through labor is also contrary to the provisions of the Legislative Law and the Law on Administrative punishment. The rationality of the system of re-education through labour is called into question, and the legality of the system is questioned. This paper expounds the historical formation and development of the system of reeducation through labor in China, and makes a comparative study of it with the relevant systems abroad. This paper analyzes the existing problems in the current system of re-education through labor, and then makes a rational thinking on the system of re-education through labor in China, and thinks that the system of re-education through labor has its necessity and feasibility. But we must reform and perfect it with the development of society. The reform and perfection of the system of re-education through labour should aim at respecting human rights and safeguarding human rights, taking into account the need to prevent and control the growth of crime and to maintain the order of the rule of law. In order to realize the judicial justice, the author puts forward the idea of legislative construction on the reform and perfection of the current controversial system of re-education through labor in our country, in the hope of improving the system of re-education through labor in our country.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D926.8

【引证文献】