劳动教养制度刍议
发布时间：2018-08-16 12:28
【摘要】： 劳动教养是我国独创的一项法律制度,是惩处严重违法和轻微犯罪的重要手段,50多年来,这项制度在维护政治稳定和社会安定,预防和减少违法犯罪方面发挥了重要的作用,但随着历史的发展与社会的进步,这一制度的缺陷也日益突出,在公民个体权利的保障、行政机关公共权力的制约等方面已不能适应社会发展的需要。因此,迫切需要对其进行改革,至于如何改革,观点较多,真可谓仁者见仁,智者见智。作者从事劳动教养工作12年多,文中结合自己的工作感受对我国劳动教养制度的若干问题进行了探讨,分析了利弊,对劳动教养制度的改革提出了一些粗浅的设想。文章分五个部分。第一部分从历史的角度分析了我国的劳动教养制度。第二部分论述了目前我国现行劳动教养制度存在的弊端。第三部分探讨了劳动教养制度的走向。就保留并强化、彻底废除、改革和完善几种观点进行了分析。第四部分就改革劳动教养制度的几种方案进行对比思考。第五部分思考了劳动教养制度的改革,提出了粗浅的设想。笔者呼吁国家相关部门加快劳动教养制度的法制化进程,使之合法、合理、科学,符合人权保护的需要,使这项制度名正言顺的为和谐社会的建设服务。
[Abstract]:Reeducation through labour is an original legal system in our country. It is an important means of punishing serious and minor crimes. For more than 50 years, this system has played an important role in maintaining political and social stability and preventing and reducing illegal crimes. However, with the development of history and the progress of society, the defects of this system are becoming more and more prominent, and the protection of individual rights of citizens and the restriction of public power of administrative organs can no longer meet the needs of social development. Therefore, the urgent need for reform, as to how to reform, more views, can be said to be different, different wisdom. The author has been engaged in reeducation through labor for more than 12 years. This paper discusses some problems in our country's reeducation through labor system, analyzes the advantages and disadvantages, and puts forward some tentative ideas for the reform of the system of reeducation through labor. The article is divided into five parts. The first part analyzes our country's reeducation through labor system from the historical angle. The second part discusses the malpractice of the current reeducation through labor system in our country. The third part discusses the trend of reeducation through labor system. This paper analyzes several viewpoints of preserving and strengthening, thoroughly abolishing, reforming and perfecting. The fourth part of the reform of the system of reeducation through labor several schemes for comparative thinking. The fifth part thinks about the reform of reeducation through labor system and puts forward some tentative ideas. The author appeals to the relevant departments of the country to speed up the process of legalization of the system of re-education through labor to make it legal, reasonable, scientific and in line with the needs of the protection of human rights, so that the system can serve the construction of a harmonious society in a proper and proper manner.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D926.8
本文编号：2185986
[Abstract]:Reeducation through labour is an original legal system in our country. It is an important means of punishing serious and minor crimes. For more than 50 years, this system has played an important role in maintaining political and social stability and preventing and reducing illegal crimes. However, with the development of history and the progress of society, the defects of this system are becoming more and more prominent, and the protection of individual rights of citizens and the restriction of public power of administrative organs can no longer meet the needs of social development. Therefore, the urgent need for reform, as to how to reform, more views, can be said to be different, different wisdom. The author has been engaged in reeducation through labor for more than 12 years. This paper discusses some problems in our country's reeducation through labor system, analyzes the advantages and disadvantages, and puts forward some tentative ideas for the reform of the system of reeducation through labor. The article is divided into five parts. The first part analyzes our country's reeducation through labor system from the historical angle. The second part discusses the malpractice of the current reeducation through labor system in our country. The third part discusses the trend of reeducation through labor system. This paper analyzes several viewpoints of preserving and strengthening, thoroughly abolishing, reforming and perfecting. The fourth part of the reform of the system of reeducation through labor several schemes for comparative thinking. The fifth part thinks about the reform of reeducation through labor system and puts forward some tentative ideas. The author appeals to the relevant departments of the country to speed up the process of legalization of the system of re-education through labor to make it legal, reasonable, scientific and in line with the needs of the protection of human rights, so that the system can serve the construction of a harmonious society in a proper and proper manner.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D926.8
【参考文献】
相关期刊论文 前3条
1 陈瑞华;警察权的司法控制——以劳动教养为范例的分析[J];法学;2001年06期
2 任继鸿;劳动教养制度的现实反思[J];行政与法;2002年11期
3 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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