我国劳动教养制度改革研究
发布时间：2018-08-29 18:31
【摘要】： 我国的劳动教养制度已经走过了50多年的风雨历程,作为具有中国特色的一项法律制度,已成为我国法律体系中的重要组成部分,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定,预防和减少违法犯罪,做出了突出贡献。但随着社会主义建设事业的发展进程,特别是改革开放二十多年的发展,我国社会各方面情况都发生了重大而深刻的变化,植根于当时历史条件下的劳动教养制度,因其难以克服的历史局限和传统经验束缚下的巨大惯性,在新世纪的法治背景下,原有的理论、制度、经验与模式的缺陷都充分凸现出来,无论在立法方面还是在管理模式方面,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之处。劳动教养工作要取得更大发展,就必须紧跟时代步伐,与时俱进,改革创新。加强劳动教养制度的改革与完善,是全面落实党的劳教工作方针、政策,探索改革劳动教养执行方式,加大理论创新,完善社会主义法制,进一步提高教育挽救质量的重大举措。 本文通过审视劳动教养制度面临的严峻形势和比较国外相关法律制度,分析了当前劳教立法的必要性与法制化进程,探索了劳动教养管理模式的改革方向与措施,同时提出加强劳教人民警察队伍建设的对策建议。在案例分析和借鉴国内外理论研究成果的基础上,提出着重要重新明确劳动教养制度的法律地位,积极探索新型的劳动教养管理模式,创办劳教工作特色,形成管理模式多样化,执法活动规范化,教育工作科学化,生产劳动功能化,警察队伍专业化和所区环境建设校园化,使我国劳动教养工作健康、有序的发展,纳入完善的法制建设轨道,开创劳教工作新局面。
[Abstract]:As a legal system with Chinese characteristics, it has become an important part of the legal system of our country, and successfully educated and saved a large number of illegal and minor offenders. To maintain national political and social stability, to prevent and reduce crime, made outstanding contributions. However, with the development of the cause of socialist construction, especially the development of reform and opening up for more than 20 years, major and profound changes have taken place in all aspects of our society, rooted in the system of re-education through labour under historical conditions at that time. Because of its insurmountable historical limitation and great inertia under the restraint of traditional experience, under the background of the rule of law in the new century, the defects of the original theory, system, experience and model are fully exposed. In the aspect of legislation and management mode, the system of reeducation through labor and the overall requirement of building a socialist legal country have many inadaptability. To achieve greater development, we must keep pace with the times, reform and innovation. To strengthen the reform and perfection of the reeducation through labor system is to comprehensively implement the Party's working principles and policies on re-education through labour, to explore the reform of the mode of implementation of re-education through labor, to increase theoretical innovation, and to perfect the socialist legal system. Major measures to further improve the quality of education and rescue. By examining the severe situation facing the re-education through labor system and comparing the relevant foreign legal systems, this paper analyzes the necessity and the process of legalization of the current legislation of re-education through labor, and probes into the reform direction and measures of the management mode of re-education through labor. At the same time, the paper puts forward the countermeasures and suggestions to strengthen the construction of the people's police force of reeducation through labor. On the basis of case analysis and reference of theoretical research results at home and abroad, it is proposed that the legal status of the re-education through labor system should be redefined, the new management mode of re-education through labor should be actively explored, and the characteristics of re-education through labour should be established. The formation of diversified management models, standardization of law enforcement activities, scientific education, functionalization of productive labour, specialization of the police force and campus construction of the local environment have made the work of re-education through labour in our country develop healthily and in an orderly manner. Bring into perfect the track of legal system construction, open up a new situation of reeducation through labor work.
【学位授予单位】：天津大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8
本文编号：2212052
[Abstract]:As a legal system with Chinese characteristics, it has become an important part of the legal system of our country, and successfully educated and saved a large number of illegal and minor offenders. To maintain national political and social stability, to prevent and reduce crime, made outstanding contributions. However, with the development of the cause of socialist construction, especially the development of reform and opening up for more than 20 years, major and profound changes have taken place in all aspects of our society, rooted in the system of re-education through labour under historical conditions at that time. Because of its insurmountable historical limitation and great inertia under the restraint of traditional experience, under the background of the rule of law in the new century, the defects of the original theory, system, experience and model are fully exposed. In the aspect of legislation and management mode, the system of reeducation through labor and the overall requirement of building a socialist legal country have many inadaptability. To achieve greater development, we must keep pace with the times, reform and innovation. To strengthen the reform and perfection of the reeducation through labor system is to comprehensively implement the Party's working principles and policies on re-education through labour, to explore the reform of the mode of implementation of re-education through labor, to increase theoretical innovation, and to perfect the socialist legal system. Major measures to further improve the quality of education and rescue. By examining the severe situation facing the re-education through labor system and comparing the relevant foreign legal systems, this paper analyzes the necessity and the process of legalization of the current legislation of re-education through labor, and probes into the reform direction and measures of the management mode of re-education through labor. At the same time, the paper puts forward the countermeasures and suggestions to strengthen the construction of the people's police force of reeducation through labor. On the basis of case analysis and reference of theoretical research results at home and abroad, it is proposed that the legal status of the re-education through labor system should be redefined, the new management mode of re-education through labor should be actively explored, and the characteristics of re-education through labour should be established. The formation of diversified management models, standardization of law enforcement activities, scientific education, functionalization of productive labour, specialization of the police force and campus construction of the local environment have made the work of re-education through labour in our country develop healthily and in an orderly manner. Bring into perfect the track of legal system construction, open up a new situation of reeducation through labor work.
【学位授予单位】：天津大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D926.8
【引证文献】
相关硕士学位论文 前4条
1 王世超;潍坊市司法局劳教人员管理系统的设计与实现[D];山东大学;2011年
2 王鹏;刑释解教人员再犯罪问题研究[D];中南大学;2008年
3 朱上;劳动教养工作人民警察职业倦怠研究[D];中南大学;2009年
4 杨明旦;劳动教养制度缺陷与改革研究[D];湖南大学;2011年
，本文编号：2212052
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