劳动教养制度有关问题研究
发布时间：2018-08-17 14:45
【摘要】： 劳动教养制度是一项具有中国特色的重要司法制度，它在巩固社会主义政权、维护社会治安、预防和减少犯罪等方面发挥了一定的作用，保障了社会主义建设事业的顺利进行。但随着我国民主与法治建设的逐步完善，劳动教养制度的诸多缺陷也逐步显现出来，劳动教养制度已经阻碍了我国依法治国方略的实施，不利于公民权利和人权的保护。本文围绕劳动教养的发展、劳动教养存在的缺陷、劳动教养的性质、劳动教养的建构作一些分析。 本文第一部分通过对我国劳动教养制度的建立、发展及完善进行了完整的阐述，充分论证了我国劳动教养制度的历史作用。第二部分从劳动教养的法律依据、实体、程序等各方面对现行劳动教养制度的缺陷进行了深入理性的分析，得出了现行劳动教养制度已经失去了合理性与合法性前提的结论。准确定位劳动教养的性质是建构法治化劳动教养制度的前提，第三部分在充分论证劳动教养对象的性质和范围的基础上，将劳动教养定性为行政性的劳动教养和刑事性的劳动教养。第四部分从实体和程序两个方面对我国现行得劳动教养制度进行全方位的革新，以期建构一个法治化的符合我国国情的劳动教养制度。
[Abstract]:The system of re-education through labor is an important judicial system with Chinese characteristics. It plays a certain role in consolidating the socialist regime, maintaining public order, preventing and reducing crime, and so on, which ensures the smooth progress of socialist construction. However, with the gradual improvement of democracy and the rule of law in our country, many defects in the system of re-education through labor have gradually appeared. The system of re-education through labor has hindered the implementation of the general strategy of governing the country according to law and is not conducive to the protection of civil rights and human rights. This paper analyzes the development of reeducation through labor, its defects, the nature of reeducation through labor and the construction of reeducation through labor. The first part of this paper fully demonstrates the historical function of the system of reeducation through labor through the establishment, development and perfection of the system of reeducation through labor in China. The second part makes a deep and rational analysis of the defects of the current reeducation through labor system from the aspects of legal basis, entity, procedure and so on, and draws the conclusion that the current reeducation through labor system has lost the premise of rationality and legality. The accurate orientation of the nature of reeducation through labor is the premise of constructing the system of reeducation through labor by law. The third part fully demonstrates the nature and scope of the object of reeducation through labor. Reeducation through labor is defined as administrative reeducation through labor and criminal reeducation through labor. The fourth part carries on the omni-directional innovation from the entity and the procedure two aspects to our country's present system of re-education through labor, in order to construct a legalized system of reeducation through labor in accordance with the national conditions of our country.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D926.8
本文编号：2187977
[Abstract]:The system of re-education through labor is an important judicial system with Chinese characteristics. It plays a certain role in consolidating the socialist regime, maintaining public order, preventing and reducing crime, and so on, which ensures the smooth progress of socialist construction. However, with the gradual improvement of democracy and the rule of law in our country, many defects in the system of re-education through labor have gradually appeared. The system of re-education through labor has hindered the implementation of the general strategy of governing the country according to law and is not conducive to the protection of civil rights and human rights. This paper analyzes the development of reeducation through labor, its defects, the nature of reeducation through labor and the construction of reeducation through labor. The first part of this paper fully demonstrates the historical function of the system of reeducation through labor through the establishment, development and perfection of the system of reeducation through labor in China. The second part makes a deep and rational analysis of the defects of the current reeducation through labor system from the aspects of legal basis, entity, procedure and so on, and draws the conclusion that the current reeducation through labor system has lost the premise of rationality and legality. The accurate orientation of the nature of reeducation through labor is the premise of constructing the system of reeducation through labor by law. The third part fully demonstrates the nature and scope of the object of reeducation through labor. Reeducation through labor is defined as administrative reeducation through labor and criminal reeducation through labor. The fourth part carries on the omni-directional innovation from the entity and the procedure two aspects to our country's present system of re-education through labor, in order to construct a legalized system of reeducation through labor in accordance with the national conditions of our country.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D926.8
【引证文献】
相关硕士学位论文 前2条
1 陈亮;论劳动教养制度的司法缺陷与立法改造[D];华东政法大学;2010年
2 谭小兵;我国劳动教养制度法律问题研究[D];兰州大学;2007年
，本文编号：2187977
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