论劳动教养社区矫治
发布时间：2018-09-18 07:38
【摘要】： 经过五十多年的风风雨雨,作为一种对犯有轻微违法行为且对社会有一定危害的公民进行人身自由限制的行政处罚,劳动教养制度在保障人民合法权益,维护社会治安稳定等方面发挥了积极的作用,但与此同时,随着社会不断向前发展,人们的法律维权意识和人权概念的日益深化,劳动教养的一些内部管理机制已经不能适应时代要求,如绝对的人身自由限制就被社会各界广泛诟病,笔者通过总结国外社区矫治经验以及上海市一些社区矫治试点的成果,试图用社区矫治的思路构建一条劳动教养未来发展之路,其中引用的一些数据来自互联网和相关杂志。 本论文的内容结构主要分为六章,第一章为绪论,第二章介绍了我国劳动教养制度以及当前管理模式的利弊,第三章论证劳动教养社区矫治的可行性,第四章介绍了上海社区矫治的实例并分析了相关数据,第五章分析我国劳动教养社区化与欧美发达国家相比还有哪些差距,第六章对我国发展劳动教养社区矫治进行了理性思考,提出自己的构想。
[Abstract]:After more than 50 years of ups and downs, as an administrative punishment that restricts the personal freedom of citizens who have committed minor illegal acts and are harmful to society, the system of re-education through labour is protecting the legitimate rights and interests of the people. The maintenance of social order and stability has played a positive role, but at the same time, with the continuous development of society, people's awareness of legal rights and the concept of human rights are deepening day by day. Some internal management mechanisms of reeducation through labor have been unable to meet the requirements of the times. For example, absolute restrictions on personal freedom have been widely criticized by all walks of life. The author summarizes the experience of community correction in foreign countries and the results of some community correction pilot projects in Shanghai. This paper attempts to construct a way for the future development of reeducation through labor with the idea of community correction. Some of the data cited are from the Internet and related magazines. The content structure of this thesis is divided into six chapters, the first chapter is the introduction, the second chapter introduces the advantages and disadvantages of our country's reeducation through labor system and the current management mode, the third chapter demonstrates the feasibility of community correction of reeducation through labor. The fourth chapter introduces the examples of community correction in Shanghai and analyzes the relevant data. Chapter five analyzes the gap between China's community of reeducation through labor and the developed countries in Europe and the United States. The sixth chapter makes rational thinking on the development of reeducation through labor community correction and puts forward its own idea.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D926.8
本文编号：2247238
[Abstract]:After more than 50 years of ups and downs, as an administrative punishment that restricts the personal freedom of citizens who have committed minor illegal acts and are harmful to society, the system of re-education through labour is protecting the legitimate rights and interests of the people. The maintenance of social order and stability has played a positive role, but at the same time, with the continuous development of society, people's awareness of legal rights and the concept of human rights are deepening day by day. Some internal management mechanisms of reeducation through labor have been unable to meet the requirements of the times. For example, absolute restrictions on personal freedom have been widely criticized by all walks of life. The author summarizes the experience of community correction in foreign countries and the results of some community correction pilot projects in Shanghai. This paper attempts to construct a way for the future development of reeducation through labor with the idea of community correction. Some of the data cited are from the Internet and related magazines. The content structure of this thesis is divided into six chapters, the first chapter is the introduction, the second chapter introduces the advantages and disadvantages of our country's reeducation through labor system and the current management mode, the third chapter demonstrates the feasibility of community correction of reeducation through labor. The fourth chapter introduces the examples of community correction in Shanghai and analyzes the relevant data. Chapter five analyzes the gap between China's community of reeducation through labor and the developed countries in Europe and the United States. The sixth chapter makes rational thinking on the development of reeducation through labor community correction and puts forward its own idea.
【学位授予单位】：上海交通大学
【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1条
1 李根宝,王国军,谭海云,陈志国;对社区矫治工作的认识与思考[J];法治论丛;2003年02期
，本文编号：2247238
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