勞動教養(yǎng)制度有關問題研究
發(fā)布時間：2018-08-17 14:45
【摘要】： 勞動教養(yǎng)制度是一項具有中國特色的重要司法制度，它在鞏固社會主義政權、維護社會治安、預防和減少犯罪等方面發(fā)揮了一定的作用，保障了社會主義建設事業(yè)的順利進行。但隨著我國民主與法治建設的逐步完善，勞動教養(yǎng)制度的諸多缺陷也逐步顯現(xiàn)出來，勞動教養(yǎng)制度已經阻礙了我國依法治國方略的實施，不利于公民權利和人權的保護。本文圍繞勞動教養(yǎng)的發(fā)展、勞動教養(yǎng)存在的缺陷、勞動教養(yǎng)的性質、勞動教養(yǎng)的建構作一些分析。 本文第一部分通過對我國勞動教養(yǎng)制度的建立、發(fā)展及完善進行了完整的闡述，充分論證了我國勞動教養(yǎng)制度的歷史作用。第二部分從勞動教養(yǎng)的法律依據(jù)、實體、程序等各方面對現(xiàn)行勞動教養(yǎng)制度的缺陷進行了深入理性的分析，得出了現(xiàn)行勞動教養(yǎng)制度已經失去了合理性與合法性前提的結論。準確定位勞動教養(yǎng)的性質是建構法治化勞動教養(yǎng)制度的前提，第三部分在充分論證勞動教養(yǎng)對象的性質和范圍的基礎上，將勞動教養(yǎng)定性為行政性的勞動教養(yǎng)和刑事性的勞動教養(yǎng)。第四部分從實體和程序兩個方面對我國現(xiàn)行得勞動教養(yǎng)制度進行全方位的革新，以期建構一個法治化的符合我國國情的勞動教養(yǎng)制度。
[Abstract]:The system of re-education through labor is an important judicial system with Chinese characteristics. It plays a certain role in consolidating the socialist regime, maintaining public order, preventing and reducing crime, and so on, which ensures the smooth progress of socialist construction. However, with the gradual improvement of democracy and the rule of law in our country, many defects in the system of re-education through labor have gradually appeared. The system of re-education through labor has hindered the implementation of the general strategy of governing the country according to law and is not conducive to the protection of civil rights and human rights. This paper analyzes the development of reeducation through labor, its defects, the nature of reeducation through labor and the construction of reeducation through labor. The first part of this paper fully demonstrates the historical function of the system of reeducation through labor through the establishment, development and perfection of the system of reeducation through labor in China. The second part makes a deep and rational analysis of the defects of the current reeducation through labor system from the aspects of legal basis, entity, procedure and so on, and draws the conclusion that the current reeducation through labor system has lost the premise of rationality and legality. The accurate orientation of the nature of reeducation through labor is the premise of constructing the system of reeducation through labor by law. The third part fully demonstrates the nature and scope of the object of reeducation through labor. Reeducation through labor is defined as administrative reeducation through labor and criminal reeducation through labor. The fourth part carries on the omni-directional innovation from the entity and the procedure two aspects to our country's present system of re-education through labor, in order to construct a legalized system of reeducation through labor in accordance with the national conditions of our country.
【學位授予單位】：蘇州大學
【學位級別】：碩士
【學位授予年份】：2003
【分類號】：D926.8
本文編號：2187977
[Abstract]:The system of re-education through labor is an important judicial system with Chinese characteristics. It plays a certain role in consolidating the socialist regime, maintaining public order, preventing and reducing crime, and so on, which ensures the smooth progress of socialist construction. However, with the gradual improvement of democracy and the rule of law in our country, many defects in the system of re-education through labor have gradually appeared. The system of re-education through labor has hindered the implementation of the general strategy of governing the country according to law and is not conducive to the protection of civil rights and human rights. This paper analyzes the development of reeducation through labor, its defects, the nature of reeducation through labor and the construction of reeducation through labor. The first part of this paper fully demonstrates the historical function of the system of reeducation through labor through the establishment, development and perfection of the system of reeducation through labor in China. The second part makes a deep and rational analysis of the defects of the current reeducation through labor system from the aspects of legal basis, entity, procedure and so on, and draws the conclusion that the current reeducation through labor system has lost the premise of rationality and legality. The accurate orientation of the nature of reeducation through labor is the premise of constructing the system of reeducation through labor by law. The third part fully demonstrates the nature and scope of the object of reeducation through labor. Reeducation through labor is defined as administrative reeducation through labor and criminal reeducation through labor. The fourth part carries on the omni-directional innovation from the entity and the procedure two aspects to our country's present system of re-education through labor, in order to construct a legalized system of reeducation through labor in accordance with the national conditions of our country.
【學位授予單位】：蘇州大學
【學位級別】：碩士
【學位授予年份】：2003
【分類號】：D926.8
【引證文獻】
相關碩士學位論文 前2條
1 陳亮;論勞動教養(yǎng)制度的司法缺陷與立法改造[D];華東政法大學;2010年
2 譚小兵;我國勞動教養(yǎng)制度法律問題研究[D];蘭州大學;2007年
，本文編號：2187977
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