完善我国劳动教养监督的法律思考
发布时间:2018-12-27 14:30
【摘要】: 劳动教养制度是一项极具中国特色的法律制度,它对于我国维护社会稳定、预防和减少违法犯罪、巩固国家政权等发挥了重要作用。但随着我国社会主义民主与法治建设的逐步完善,劳动教养制度的改革与完善成为论争的热点问题之一。在将劳教制度改革为违法行为教育矫治制度的发展方向上,仍然有一些基础理论问题需要探索和明确,而劳动教养监督问题则属于其中重点之 本文围绕劳动教养监督的发展、劳动教养监督存在的缺陷、劳动教养监督的法理基础与法律原则、劳动教养监督的改革完善与创新展开分析与讨论。从劳动教养监督的含义、功能、建立和发展现状来说,我国劳动教养监督不断完善同时又亟需改进,监督意识、监督机制、审批监督、执行监督等各方面存在着明显的缺陷。本文认为,劳动教养监督的改革完善,必须适应劳动教养监督主体的多样性、对象的特定性、内容的广泛性、形式的规范性和作用的双重性特点,明确科学、程序、协调、效能、独立、民主、责任的法律原则。从监督理念、检察监督、强化功能和完善内部监督等几个方面对我国现行劳动教养监督进行全方位的革新,以期建构一个符合我国法治化要求的劳动教养监督制度。
[Abstract]:The system of reeducation through labor is a legal system with Chinese characteristics, which plays an important role in maintaining social stability, preventing and reducing illegal crimes and consolidating state power. However, with the gradual improvement of socialist democracy and rule of law in China, the reform and perfection of reeducation through labor system has become one of the hot issues in the debate. There are still some basic theoretical problems that need to be explored and clarified in the reform of the system of re-education through labor as the direction of the development of the system of education and correction of illegal acts. This paper focuses on the development of the supervision of re-education through labor, the defects of the supervision of re-education through labor, the legal basis and legal principles of the supervision of re-education through labor. The reform, perfection and innovation of the supervision of reeducation through labor are analyzed and discussed. From the point of view of the meaning, function, establishment and development of the supervision of re-education through labor, there are obvious defects in the following aspects: the supervision of re-education through labor is constantly perfect and needs to be improved, the consciousness of supervision, the mechanism of supervision, the supervision of examination and approval, the supervision of execution, and so on. This paper holds that the reform and perfection of the supervision of re-education through labor must be adapted to the diversity of the subject, the specificity of the object, the extensiveness of the content, the standardization of the form and the duality of the function, making clear the science, procedure and coordination. Legal principles of effectiveness, independence, democracy, and responsibility. From the aspects of supervision idea, procuratorial supervision, strengthening function and perfecting internal supervision, the author innovates the current supervision of re-education through labor in China in order to construct a supervision system of reeducation through labor that accords with the requirement of rule of law in our country.
【学位授予单位】:湖南师范大学
【学位级别】:硕士
【学位授予年份】:2008
【分类号】:D926.8
本文编号:2393215
[Abstract]:The system of reeducation through labor is a legal system with Chinese characteristics, which plays an important role in maintaining social stability, preventing and reducing illegal crimes and consolidating state power. However, with the gradual improvement of socialist democracy and rule of law in China, the reform and perfection of reeducation through labor system has become one of the hot issues in the debate. There are still some basic theoretical problems that need to be explored and clarified in the reform of the system of re-education through labor as the direction of the development of the system of education and correction of illegal acts. This paper focuses on the development of the supervision of re-education through labor, the defects of the supervision of re-education through labor, the legal basis and legal principles of the supervision of re-education through labor. The reform, perfection and innovation of the supervision of reeducation through labor are analyzed and discussed. From the point of view of the meaning, function, establishment and development of the supervision of re-education through labor, there are obvious defects in the following aspects: the supervision of re-education through labor is constantly perfect and needs to be improved, the consciousness of supervision, the mechanism of supervision, the supervision of examination and approval, the supervision of execution, and so on. This paper holds that the reform and perfection of the supervision of re-education through labor must be adapted to the diversity of the subject, the specificity of the object, the extensiveness of the content, the standardization of the form and the duality of the function, making clear the science, procedure and coordination. Legal principles of effectiveness, independence, democracy, and responsibility. From the aspects of supervision idea, procuratorial supervision, strengthening function and perfecting internal supervision, the author innovates the current supervision of re-education through labor in China in order to construct a supervision system of reeducation through labor that accords with the requirement of rule of law in our country.
【学位授予单位】:湖南师范大学
【学位级别】:硕士
【学位授予年份】:2008
【分类号】:D926.8
【引证文献】
中国期刊全文数据库 前1条
1 张步洪;;行政检察基本体系初论[J];国家检察官学院学报;2011年02期
,本文编号:2393215
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