对劳动教养制度改革的立法思考

发布时间：2019-06-12 00:06

【摘要】： 劳动教养是中国独创的一项法律制度,在近半个世纪的实践中发挥了重要作用。但随着我国政治、经济、文化等各方面的发展,特别是“依法治国”方略的确立和对人权保障的日益重视,劳动教养自身的缺陷和历史局限性日益凸显,劳教制度面临着质疑和挑战,迫切需要改革,近年来学者们及国际社会对劳教制度的聚讼使劳教的改革愈发紧迫。本文系统地介绍了劳教制度的历史发展历程,归纳整理出各个时期的特征,探究了劳教制度存在的问题及其成因。随着我国法治建设的不断发展,劳教制度的合法性、合理性和正当性倍受质疑,并日益成为国际人权斗争的焦点和舆论关注的热点。为此,笔者对理论界和实务界关于劳教制度改革的各种观点逐一进行评析,并研究了国外的保安处分制度和轻罪制度,将其与我国的劳教制度进行比较研究,提出应借鉴国外的轻罪制度,并结合中国的实际情况,对劳教制度进行改革,将其轻罪化,纳入刑罚体系。笔者希望通过对劳动教养制度的立法思考,能对我国的劳动教养制度的立法改革提供可借鉴的可行性方案,使劳教制度尽快步入法治轨道,使我国的法制建设更加健全完善。
[Abstract]:Reeducation through labor is an original legal system in China, which has played an important role in the practice of nearly half a century. However, with the development of politics, economy and culture in our country, especially the establishment of the strategy of "governing the country according to law" and the increasing attention to the protection of human rights, the defects and historical limitations of re-education through labor are becoming more and more prominent. The reeducation through labor system is facing questions and challenges, and there is an urgent need for reform. In recent years, scholars and the international community have made the reform of reeducation through labor more and more urgent. This paper systematically introduces the historical development of the reeducation through labor system, sums up the characteristics of each period, and probes into the existing problems and causes of the reeducation through labor system. With the continuous development of the construction of the rule of law in our country, the legitimacy, rationality and legitimacy of the reeducation through labor system have been questioned, and have increasingly become the focus of the international human rights struggle and the focus of public opinion. Therefore, the author comments on the theoretical and practical views on the reform of the reeducation through labor system one by one, studies the foreign security punishment system and misdemeanour system, compares them with the reeducation through labor system in our country, and puts forward that we should draw lessons from the misdemeanour system of foreign countries, and combine the actual situation of China to reform the reeducation through labor system and bring it into the penalty system. The author hopes that through the legislative thinking of the reeducation through labor system, we can provide a feasible scheme for the legislative reform of the reeducation through labor system in our country, make the reeducation through labor system enter the track of the rule of law as soon as possible, and make the legal construction of our country more perfect.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D926.8

【引证文献】