试论我国劳动教养制度的完善

发布时间：2018-06-28 10:36

本文选题：劳动教养制度 + 存在问题　；参考：《复旦大学》2008年硕士论文

【摘要】： 劳动教养制度作为我国特有的一种法律制度,自创建至今已经存在了50多年,尽管其性质随着收容对象的变化有所改变,但是劳动教养制度“教育人、感化人、挽救人”的宗旨始终未变,在维护社会秩序、预防和减少违法犯罪、保障社会主义现代化建设方面发挥了重要作用。然而,随着中国法治化进程的推进,劳动教养制度存在的诸多问题和缺陷也日益暴露,其“合法性”问题倍受质疑,导致“存”与“废”的激烈争议。近年来,理论界和实务界对劳动教养制度的改革提出了许多的方案,其间各有优势也各有缺陷,但不管怎样,对我们下一步推进劳动教养制度的改革都大有裨益。在笔者看来,劳动教养制度虽然存在缺陷和不足,但仍具有自身存在的价值和意义,应该在推进法治、保障人权的基础上对其进行改革,保留并充分发挥这项制度的合理内核,努力建立具有中国特色的教育矫治制度。本文共分四个部分,引言主要引出问题,介绍了相关研究背景。第一部分是劳动教养制度概述,阐述了该制度的概念、法律性质及作用、形成背景和发展历程。第二部分对劳动教养制度与国外相关法律制度作了比较分析,指出其共性、差异,着重分析了劳动教养制度的可行性问题。第三部分描述了劳动教养制度的发展现状,并对当前存在的问题及原因作了详细分析。第四部分阐述了完善劳动教养制度的必要性和重要意义,并在对我国劳动教养制度改革观点综述及评析基础上,就完善我国劳动教养制度开展思考。不论中国的劳动教养制度最终如何完善,希望通过本文的研究,能够提出一些较具可行性与操作性的对策建议,供相关部门作为决策咨询和参考,使经过改革后的劳动教养制度能更好地服务于我国的社会主义现代化建设。
[Abstract]:As a special legal system of our country, the system of re-education through labor has existed for more than 50 years since it was founded. Although its nature has changed with the change of the object of reception, the system of re-education through labor "educates and corrects people," The purpose of saving people has not changed and has played an important role in maintaining social order, preventing and reducing illegal crimes and ensuring socialist modernization. However, with the advancement of the process of ruling by law in China, many problems and defects in the system of re-education through labor have been exposed day by day, and its "legality" has been questioned, which leads to the fierce controversy between "existence" and "abolition". In recent years, the theoretical and practical circles have put forward many plans for the reform of the system of re-education through labor, each of which has its own advantages and defects, but in any case, it will be of great benefit to us to promote the reform of the system of re-education through labor next. In my opinion, although there are defects and deficiencies in the system of re-education through labor, it still has its own value and significance. It should be reformed on the basis of promoting the rule of law and safeguarding human rights, and the reasonable core of this system should be preserved and fully developed. We should strive to establish an educational correction system with Chinese characteristics. This paper is divided into four parts, the introduction mainly leads to the question, introduces the related research background. The first part is an overview of the system of re-education through labor, the concept, legal nature and role of the system, the formation of the background and development process. In the second part, the author makes a comparative analysis of the reeducation through labor system and the relevant foreign legal systems, points out its commonness and differences, and emphatically analyzes the feasibility of the reeducation through labor system. The third part describes the current situation of the reeducation through labor system, and analyzes the existing problems and reasons in detail. The fourth part expounds the necessity and significance of perfecting the system of re-education through labor, and on the basis of summarizing and evaluating the viewpoint of reform of the system of re-education through labor in our country, it gives some thoughts on how to perfect the system of re-education through labor in our country. After the reform, the reeducation through labor system can better serve the socialist modernization of our country.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D926.8

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