劳动教养的重大争议与改革思路
发布时间：2018-07-29 13:52
【摘要】：我国的劳动教养制度已经走过了近五十年的风雨历程，它成功地教育、挽救了大量违法和轻微犯罪人员，为维护国家政治稳定和社会安宁，做出了巨大的贡献。但是，无论在立法方面还是在执行方面，劳动教养制度与建设社会主义法制国家的总体要求都存在着诸多不适应的地方，如：对收容对象的界定呈扩大化趋势；其地域限制也违背了社会主义法律适用的平等原则和法制统一原则；其审批程序又缺乏公开性，并未纳入司法程序，而这直接关系到公民人权的切实保障；在劳动教养的执行上“二劳改”的痕迹比较严重，劳动教养的特色不够明显等等。本课题的目的即是对劳教制度的一些重大争议进行讨论，并对其改革完善提出一些构想。当前，劳动教养制度面临着许多挑战和机遇，应当通过立法进一步明确劳教性质，明确劳动教养应作为一种非刑罚方法的教育矫治手段，通过司法化的审批过程，在执行上逐步实行封闭式、半开放式、开放式相结合的管理模式，对违法和轻微犯罪人员进行教育，最终使其矫正恶习、回归社会。本文第一章主要是对现行劳教制度存在的弊病和合理性进行分析，是对现行劳教制度的总结，也是对劳教制度所引发的各种争议点的归纳。第二章是对劳动教养的性质定位，通过对各种方案的分析，最终确定了司法化、非刑罚化的道路，这是对劳教制度改革的总体性设计。第三章起的连续三章，是对劳动教养制度具体改革方案的设想，，包括了实体法、程序法和执行三大部分。希望拙文能对我国的劳动教养制度改革有一定帮助。
[Abstract]:Our country's reeducation through labor system has gone through nearly 50 years of wind and rain course, it successfully educates, has saved a large number of illegal and minor criminal personnel, has made the huge contribution to maintain the national political stability and the social tranquillity. However, in the aspect of legislation and implementation, there are many unsuitable places in the system of re-education through labor and the overall requirement of building a socialist legal country, such as: the definition of the object of reception is enlarged; Its territorial limitation also violates the principle of equality and the unification of legal system in the application of socialist laws, and its examination and approval procedure lacks openness and is not included in the judicial procedure, which is directly related to the practical protection of citizens' human rights. In the implementation of re-education through labor, the marks of labor reform are serious, the characteristics of labor education are not obvious enough and so on. The purpose of this subject is to discuss some major disputes about the system of re-education through labor, and to put forward some ideas for its reform and perfection. At present, the system of reeducation through labor is facing many challenges and opportunities. We should further clarify the nature of reeducation through labor through legislation, and make it clear that reeducation through labor should be used as a non-penal means of education and correction through the judicial examination and approval process. In the implementation, the management mode of closed, semi-open and open combination should be carried out step by step to educate the illegal and minor criminal personnel, so that they can correct their bad habits and return to the society. The first chapter is mainly to analyze the shortcomings and rationality of the current re-education through labour system, is a summary of the current system of re-education through labour, but also a summary of the various controversial points caused by the system of re-education through labour. The second chapter is the orientation of the nature of re-education through labor, through the analysis of various programs, the final determination of the judicial, non-penal road, this is the overall design of the reform of the re-education through labour system. The third chapter consists of three chapters, including substantive law, procedural law and execution. It is hoped that this article will be helpful to the reform of reeducation through labor system in our country.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8
本文编号：2152884
[Abstract]:Our country's reeducation through labor system has gone through nearly 50 years of wind and rain course, it successfully educates, has saved a large number of illegal and minor criminal personnel, has made the huge contribution to maintain the national political stability and the social tranquillity. However, in the aspect of legislation and implementation, there are many unsuitable places in the system of re-education through labor and the overall requirement of building a socialist legal country, such as: the definition of the object of reception is enlarged; Its territorial limitation also violates the principle of equality and the unification of legal system in the application of socialist laws, and its examination and approval procedure lacks openness and is not included in the judicial procedure, which is directly related to the practical protection of citizens' human rights. In the implementation of re-education through labor, the marks of labor reform are serious, the characteristics of labor education are not obvious enough and so on. The purpose of this subject is to discuss some major disputes about the system of re-education through labor, and to put forward some ideas for its reform and perfection. At present, the system of reeducation through labor is facing many challenges and opportunities. We should further clarify the nature of reeducation through labor through legislation, and make it clear that reeducation through labor should be used as a non-penal means of education and correction through the judicial examination and approval process. In the implementation, the management mode of closed, semi-open and open combination should be carried out step by step to educate the illegal and minor criminal personnel, so that they can correct their bad habits and return to the society. The first chapter is mainly to analyze the shortcomings and rationality of the current re-education through labour system, is a summary of the current system of re-education through labour, but also a summary of the various controversial points caused by the system of re-education through labour. The second chapter is the orientation of the nature of re-education through labor, through the analysis of various programs, the final determination of the judicial, non-penal road, this is the overall design of the reform of the re-education through labour system. The third chapter consists of three chapters, including substantive law, procedural law and execution. It is hoped that this article will be helpful to the reform of reeducation through labor system in our country.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8
【参考文献】
相关期刊论文 前2条
1 张续明;关于劳动教养适用的对象和地域范围的思考[J];辽宁警专学报;2002年02期
2 宋雅芳;劳动教养存在的问题及对策[J];郑州大学学报(哲学社会科学版);1998年06期
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