预防劳教警察职务犯罪的法律思考

发布时间：2018-07-03 06:08

本文选题：劳教警察 + 职务犯罪　；参考：《湖南师范大学》2008年硕士论文

【摘要】： 随着近年来司法体制改革不断深入、劳教人员人权保障意识不断增强,如何从法律制度上完善劳教警察职务犯罪预防制度建设成为法律工作者和政法主管部门关注的工作重点。劳动教养管理所要做到依法治所,规范执法行为,首先要求劳教警察能够正确履行职责,切实做到公正、文明执法。目前,劳教警察职务犯罪案件时有发生,有的已严重损害了劳教机关和执法警察的形象。因此,惩治和预防劳教警察职务犯罪,对大力推进劳教场所健康、有序、快速发展,维护社会稳定有着重要的意义。由于劳动教养尚未立法,预防劳教警察职务犯罪的主要法律依据是《人民检察院劳教检察办法》,理论界和实践工作者作专题研究较少。本文对预防劳教警察职务犯罪专题剖析,就是希望通过阐明本课题的理论基础和法律依据,分析研究劳教警察职务犯罪的现状及其原因,总结我国现有劳动教养法律监督机制,进一步堵塞制度缺陷。本文认为,预防劳教警察职务犯罪制度建设的关键,一要完善以权力制约权力的内部监督机制,进一步加强对劳教人民警察的纪律约束和纪检监察工作,完善防范职务犯罪的长效机制;二要健全监督网络的外部监督机制,建立廉政监督员制度和所务公开制度,畅通舆论监督渠道;三要加强以人为本的考核评价机制,强化预防和惩治职务犯罪的教育培训,探索和实行人事管理新机制;四要提高民警待遇的保障机制。只有这样,才能防止劳教执法权力腐败,促进劳教警察依法、正确履行职务。
[Abstract]:With the deepening of the reform of the judicial system in recent years and the increasing awareness of the protection of human rights of the reeducation through labour personnel, how to perfect the prevention system of the post crime of the police through re-education through labour from the legal system has become the focus of the work of the legal workers and the competent departments of political and legal affairs. The management of reeducation through labor should manage the prison according to law and standardize the law enforcement. Firstly, the police should be able to perform their duties correctly and do justice and civilized law enforcement. At present, reeducation through labor police duty crime cases occur, some have seriously damaged the image of re-education through labour institutions and law enforcement police. Therefore, punishing and preventing the post crime of reeducation through labor is of great significance to promote the healthy, orderly and rapid development of the re-education through labour facility and to maintain the social stability. The main legal basis for the prevention of the post crime of reeducation through labour is the procuratorial measures of the people's Procuratorate for re-education through labour, and there are few special studies made by the theorists and practitioners because of the fact that there is no legislation on reeducation through labour. This paper analyzes the special topic of preventing the post crime of reeducation through labor, that is, by expounding the theoretical basis and the legal basis of this subject, analyzing and studying the present situation and reasons of the duty crime of reeducation through labour, and summing up the existing legal supervision mechanism of reeducation through labor in our country. Further plugging the defects of the system. This paper holds that the key to the construction of the duty crime system of the reeducation through labour police is to improve the internal supervision mechanism which restricts the power with power, and to further strengthen the discipline restraint and discipline inspection and supervision of the people's police in reeducation through labor. To improve the long-term mechanism for preventing job-related crimes; second, to improve the external supervision mechanism of the supervisory network, to establish the system of clean and honest supervisors and the system of openness of public affairs, and to unblock the channels of supervision by public opinion; and third, to strengthen the people-oriented assessment and evaluation mechanism, We should strengthen education and training in the prevention and punishment of job-related crimes, explore and implement a new personnel management mechanism, and fourth, improve the security mechanism for the treatment of police. Only in this way, can we prevent the corruption of the law enforcement power of reeducation through labor, and promote the police to carry out their duties correctly according to the law.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D917.1

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