劳动教养制度困境与出路的法律探讨

发布时间：2018-08-08 14:32

【摘要】： 劳动教养制度是我国特有的一种法律制度,其确立50多年来,在维护社会稳定,预防和减少违法犯罪,教育挽救失足人员方面取得了极其可观的成绩。但今天,在我国法制化的进程中,在我国对人权保障日益重视的背景下,劳动教养制度走到了一个新的路口,面临着诸多的困境与挑战。本文结合劳教工作实际,从法律的角度对劳动教养工作当下所处的现状进行深入的分析,并对其存在的合理性、法律依据以及实践意义进行探讨,试图改变劳动教养制度在司法处罚体系中的尴尬境遇,实现劳动教养制度存在的合理化,制度的法律化,认定程序的司法化,为完善劳动教养制度,加快劳教立法提供一种现实可行的路径选择。本文包括引言、正文及结语。其中正文共有四章:第一章是对劳动教养制度存废、改革之争的主要观点进行介绍和简要评述;第二章是对劳动教养制度存在的客观依据进行分析,包括法理依据、法律依据、历史依据、现实依据和国外相关制度的经验五个方面,藉此说明劳动教养制度存在的合理性与必要性;第三章是深刻分析我国劳动教养制度面临的困境及所处困境的深层次原因;第四章主要是从立法和实践层面来探求劳动教养制度走出困境的路径,通过立法的完善和实践价值的实现,使其具备法律制度的必备要素,使实体与程序相符,效力与可操作性相匹配,同时在法律价值功能方面通过救济程序消除行为人再度侵害社会,在执行方式上通过社区进行矫正,为劳动教养制度的立法完善提供理论依据和实践支撑。
[Abstract]:The system of re-education through labor is a special legal system in our country. Since its establishment for more than 50 years, it has made great achievements in maintaining social stability, preventing and reducing illegal crimes, and educating and rescuing people who have failed to do so. But today, in the process of legalization in our country, under the background that our country pays more and more attention to the protection of human rights, the system of re-education through labor has come to a new intersection and is facing many difficulties and challenges. Combined with the reality of reeducation through labor, this paper makes a deep analysis of the present situation of the work from the angle of law, and probes into the rationality, legal basis and practical significance of its existence. This paper attempts to change the embarrassing situation of the system of reeducation through labor in the system of judicial punishment, to realize the rationalization of the system of reeducation through labour, to legalize the system, to establish the judicial system of the procedure of reeducation through labor, and to perfect the system of reeducation through labor. Speeding up the legislation of re-education through labour provides a realistic and feasible path choice. This article includes introduction, text and conclusion. There are four chapters in the text: the first chapter is the introduction and brief comment on the main viewpoints of the debate on the reform of the re-education through labor system, the second chapter is the analysis of the objective basis of the re-education through labor system, including the legal basis and the legal basis. In order to explain the rationality and necessity of the system of re-education through labor, there are five aspects of historical basis, realistic basis and experience of foreign related systems. The third chapter is a profound analysis of the difficulties facing the re-education through labor system and the deep-seated reasons for the dilemma, the fourth chapter is mainly from the legislative and practical levels to explore the path out of the predicament of the re-education through labor system. Through the perfection of legislation and the realization of practical value, it has the essential elements of the legal system, so that the entity and the procedure are consistent, and the effectiveness and maneuverability are matched. At the same time in the legal value function through the relief procedure to eliminate the doer again encroach on the society in the execution way carries on the correction through the community provides the theoretical basis and the practice support for the legislation consummation of the reeducation through labor system.
【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

【相似文献】