废除劳动教养制度研究
发布时间：2018-09-13 08:14
【摘要】：劳动教养制度是我国特有的法律制度。它产生于我国建国初期,40多年来有其存在的历史合理性。但随着我国的政治经济等方面发生的巨大变化,劳动教养这一行政强制措施逐步演变成为介于刑事处罚与治安行政处罚之间的一种法律制裁手段。在其演变过程中,它得到不断强化与规范,但它作为一种限制或剥夺公民的人身自由的行政处罚的本质没有发生改变。 现行的劳动教养制度由审批制度与执行制度两部分组成。审批权由公安机关以劳动教养委员会的名义行使,执行权由司法行政部门行使。在劳动教养的审批、执行过程中,存在收容审批的随意性,程序违法严重,公安机关的自由裁量权过大,劳动教养的执行与罪犯的劳动改造没有明显区别。监督机制缺失,当事人的权利缺乏保障。产生这些问题的原因在于我国劳动教养制度本身设计存在的缺陷:在价值层面,劳动教养制度只追求秩序的建构,忽视了法治和自由、人权保障;在实体规范方面,制度内容缺乏合理性,权力必然被滥用;从法律基础来看,它没有法律效力。 劳动教养的不正当性、不合理性、不合法性成了这个制度的致命缺陷。只有废除劳动教养制度,才能解决实践中存在的问题。本文比较了劳动教养制度其他的改革方案,论述了劳动教养制度废除的必要性与意义。废除劳动教养制度,有利于我国法治国家的建设,有利于维护我国法制的统一,有利于我国的人权国际合作与斗争。同时,我们还得正视废除劳动教养制度的影响。 废除劳动教养制度之后,为了填补制度空白,本文提出了一个替代方案,就是制定我国《违法行为矫治法》。它既有必要性,又有现实可能性。本文对《违法行为矫治法》的内容进行了具体设计。
[Abstract]:The system of reeducation through labor is a special legal system in our country. It came into being in the early days of the founding of the people's Republic of China for more than 40 years. However, with the great changes in the political and economic aspects of our country, the administrative coercive measure of re-education through labor has gradually evolved into a legal sanction between criminal punishment and administrative punishment of public security. In the course of its evolution, it has been constantly strengthened and standardized, but its nature as a kind of administrative punishment which restricts or deprives citizens of their personal freedom has not changed. The current system of reeducation through labor consists of the examination and approval system and the executive system. The power of examination and approval shall be exercised by the public security organ in the name of the reeducation through labor committee and the executive power by the judicial administrative department. In the examination and approval and execution of reeducation through labor, there exists the arbitrariness of accepting examination and approval, the illegal procedure is serious, the discretion of the public security organ is too large, and there is no obvious difference between the execution of reeducation through labor and the reform through labour of the criminal. The lack of supervision mechanism and the lack of protection of the rights of the parties. The causes of these problems lie in the defects in the design of our country's reeducation through labor system: at the value level, the re-education through labor system only pursues the construction of order, neglects the rule of law and freedom, guarantees human rights, and in the aspect of substantive norms, The content of the system is lack of rationality, and the power must be abused; from the legal basis, it has no legal effect. The illegality, irrationality and illegality of reeducation through labor have become the fatal defects of this system. Only by abolishing the system of reeducation through labor can the problems existing in practice be solved. This paper compares other reform schemes of reeducation through labor system, and discusses the necessity and significance of abolishing reeducation through labor system. Abolishing the system of reeducation through labor is conducive to the construction of a country ruled by law, to the unity of our legal system and to the international cooperation and struggle for human rights in our country. At the same time, we must also face up to the abolition of the impact of the system of reeducation through labor. After abolishing the system of reeducation through labor, in order to fill in the blank of the system, this paper puts forward an alternative scheme, that is, to formulate the Law of Correction of illegal acts in our country. It has both necessity and realistic possibility. This article has carried on the concrete design to the illegal behavior correction law content.
【学位授予单位】：国防科学技术大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D926.8
本文编号：2240576
[Abstract]:The system of reeducation through labor is a special legal system in our country. It came into being in the early days of the founding of the people's Republic of China for more than 40 years. However, with the great changes in the political and economic aspects of our country, the administrative coercive measure of re-education through labor has gradually evolved into a legal sanction between criminal punishment and administrative punishment of public security. In the course of its evolution, it has been constantly strengthened and standardized, but its nature as a kind of administrative punishment which restricts or deprives citizens of their personal freedom has not changed. The current system of reeducation through labor consists of the examination and approval system and the executive system. The power of examination and approval shall be exercised by the public security organ in the name of the reeducation through labor committee and the executive power by the judicial administrative department. In the examination and approval and execution of reeducation through labor, there exists the arbitrariness of accepting examination and approval, the illegal procedure is serious, the discretion of the public security organ is too large, and there is no obvious difference between the execution of reeducation through labor and the reform through labour of the criminal. The lack of supervision mechanism and the lack of protection of the rights of the parties. The causes of these problems lie in the defects in the design of our country's reeducation through labor system: at the value level, the re-education through labor system only pursues the construction of order, neglects the rule of law and freedom, guarantees human rights, and in the aspect of substantive norms, The content of the system is lack of rationality, and the power must be abused; from the legal basis, it has no legal effect. The illegality, irrationality and illegality of reeducation through labor have become the fatal defects of this system. Only by abolishing the system of reeducation through labor can the problems existing in practice be solved. This paper compares other reform schemes of reeducation through labor system, and discusses the necessity and significance of abolishing reeducation through labor system. Abolishing the system of reeducation through labor is conducive to the construction of a country ruled by law, to the unity of our legal system and to the international cooperation and struggle for human rights in our country. At the same time, we must also face up to the abolition of the impact of the system of reeducation through labor. After abolishing the system of reeducation through labor, in order to fill in the blank of the system, this paper puts forward an alternative scheme, that is, to formulate the Law of Correction of illegal acts in our country. It has both necessity and realistic possibility. This article has carried on the concrete design to the illegal behavior correction law content.
【学位授予单位】：国防科学技术大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D926.8
【引证文献】
相关博士学位论文 前1条
1 杨鹏;修复式正义问题研究[D];中国政法大学;2011年
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