废除劳动教养制度的法理学分析

发布时间：2018-04-04 22:33

本文选题：废除　切入点：劳动教养制度　出处：《黑龙江大学》2004年硕士论文

【摘要】：劳动教养制度是具有中国特色的一种法律制度,创建于1957年。回顾历史,我国的劳动教养制度在巩固国家政权、教育改造不良人员、维护国家政治和社会稳定、预防和减少违法犯罪、保障社会主义经济、文化建设中起到了不可替代的作用。但随着社会的发展,其自身存在的问题也凸现出来。改革开放以来,围绕着劳动教养制度的存废问题一直在争论不休,特别是《立法法》颁布实施后,劳动教养制度面临着何去何从的历史抉择,国内外专家对劳动教养制度的去留存废提出了自己的意见,归纳起来有三种代表性的观点:第一,保留论。认为存在就是合理的,这一制度的建立符合中国国情,要求通过立法予以保留。第二,改造论。认为其自身虽有缺陷,但在目前还不能将其废除,可通过立法将其改造完善。第三,废除论。认为劳动教养制度存在的诸多弊端是法治不健全时代的产物,因此从法治国家的目标出发,应彻底取消该制度。我完全赞同废除论,并拟从法理学的角度对其存在的违法性进行剖析, 提出应立即废除劳动教养制度的观点。
[Abstract]:The system of reeducation through labor is a legal system with Chinese characteristics. It was founded in 1957.
Taking into account history, the system of reeducation through labor in our country is to consolidate the state's political power, to educate and remould bad personnel, and to maintain the quality of education.
Protect the political and social stability of the state, prevent and reduce illegal crimes and guarantee the socialist economy.
It has played an irreplaceable role in the development of the society. However, with the development of the society, its own existence
Since the reform and opening up, the issue of the existence and abolition of the system of reeducation through labor has always been in the process of reform and opening up.
In particular, after the promulgation and implementation of the legislative law, where is the system of reeducation through labor
From the historical choice, experts at home and abroad have put forward their own meaning to the retention and waste of the system of reeducation through labor.
See, there are three representative points of view: first, the theory of reservations.
The establishment of this system is in accordance with the national conditions of China and is required to be retained through legislation. Second,
It is believed that although it is defective in itself, it can not be abolished at present, and it can be adopted by legislation.
The reform is perfect. Third, the abolition theory. It is thought that many disadvantages of the system of reeducation through labor are the rule of law
The product of the unsound times, therefore, should completely abolish the system from the goal of the country ruled by law.
I fully agree with the theory of abolition and analyse the illegality of its existence from the perspective of jurisprudence.
The view that the system of reeducation through labor should be abolished immediately.

【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D926.8

【引证文献】