人权保障视角下的劳动教养法律制度研究
发布时间：2019-05-12 00:31
【摘要】：劳动教养制度是我国特定历史条件创设的一种法律制度。但是随着社会的发展,在长期的实践过程中,由于立法规定的疏忽,尤其是程序规范的缺损,劳动教养制度在实施中存在诸多问题,其合法性、合理性和正当性不断受到质疑。笔者分析劳动教养制度的弊端,并提出自己的改革方案的见解。 本文第一章为绪论部分,主要论述了论文的选题目的和意义、文献综述、研究方法、创新点以及文章结构；第二章劳动教养制度概述,首先阐述劳动教养制度的概念、性质以及历史沿革,其次介绍国外劳动教养制度；第三章我国劳动教养制度的现状及缺陷,主要分析分析这个制度的现实状态、提出存在的缺陷；第四章劳动教养制度与人权保障,简单阐述了劳动教养与人权保障之间的关系,而后分析劳动教养制度与相关人权公约的冲突；第五章改造劳动教养制度之争,重点介绍学术界对于劳动教养制度的不同看法,从是否应当保留劳动教养制度到如何改造这一制度；第六章劳动教养制度之重构,通过以上几章的分析和论述,提出改造劳动教养制度的可行性建议。结论部分是对本文的总结及对我国劳动教养制度的展望。
[Abstract]:The system of reeducation through labor is a kind of legal system created by specific historical conditions in our country. However, with the development of society, in the process of long-term practice, due to the negligence of legislative provisions, especially the defect of procedural norms, there are many problems in the implementation of the reeducation through labor system, and its legitimacy, rationality and legitimacy are constantly being questioned. The author analyzes the drawbacks of the reeducation through labor system and puts forward his own views on the reform plan. The first chapter is the introduction, which mainly discusses the purpose and significance of the topic, literature review, research methods, innovation and the structure of the article. The second chapter is an overview of the reeducation through labor system, which first expounds the concept, nature and historical evolution of the reeducation through labor system, and then introduces the reeducation through labor system in foreign countries. The third chapter is the present situation and defects of the reeducation through labor system in our country, mainly analyzes the realistic state of this system, and puts forward the existing defects. The fourth chapter is about the relationship between reeducation through labor and human rights protection, and then analyzes the conflict between the reeducation through labor system and the relevant human rights conventions. The fifth chapter is about the dispute of reforming the reeducation through labor system, focusing on the different views of the academic circles on the reeducation through labor system, from whether the reeducation through labor system should be retained or not to how to reform it. The sixth chapter is the reconstruction of the reeducation through labor system, through the analysis and discussion of the above chapters, the feasibility suggestions of reforming the reeducation through labor system are put forward. The conclusion part is the summary of this paper and the prospect of reeducation through labor system in our country.
【学位授予单位】：东北大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D926.8
本文编号：2474968
[Abstract]:The system of reeducation through labor is a kind of legal system created by specific historical conditions in our country. However, with the development of society, in the process of long-term practice, due to the negligence of legislative provisions, especially the defect of procedural norms, there are many problems in the implementation of the reeducation through labor system, and its legitimacy, rationality and legitimacy are constantly being questioned. The author analyzes the drawbacks of the reeducation through labor system and puts forward his own views on the reform plan. The first chapter is the introduction, which mainly discusses the purpose and significance of the topic, literature review, research methods, innovation and the structure of the article. The second chapter is an overview of the reeducation through labor system, which first expounds the concept, nature and historical evolution of the reeducation through labor system, and then introduces the reeducation through labor system in foreign countries. The third chapter is the present situation and defects of the reeducation through labor system in our country, mainly analyzes the realistic state of this system, and puts forward the existing defects. The fourth chapter is about the relationship between reeducation through labor and human rights protection, and then analyzes the conflict between the reeducation through labor system and the relevant human rights conventions. The fifth chapter is about the dispute of reforming the reeducation through labor system, focusing on the different views of the academic circles on the reeducation through labor system, from whether the reeducation through labor system should be retained or not to how to reform it. The sixth chapter is the reconstruction of the reeducation through labor system, through the analysis and discussion of the above chapters, the feasibility suggestions of reforming the reeducation through labor system are put forward. The conclusion part is the summary of this paper and the prospect of reeducation through labor system in our country.
【学位授予单位】：东北大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D926.8
【引证文献】
相关硕士学位论文 前1条
1 王婧惠;劳动教养制度改革的思考[D];山西大学;2013年
，本文编号：2474968
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