我國勞動教養(yǎng)制度改革研究
發(fā)布時間：2018-08-29 18:31
【摘要】： 我國的勞動教養(yǎng)制度已經(jīng)走過了50多年的風(fēng)雨歷程,作為具有中國特色的一項(xiàng)法律制度,已成為我國法律體系中的重要組成部分,成功地教育挽救了大量違法和輕微犯罪人員,為維護(hù)國家政治穩(wěn)定和社會安定,預(yù)防和減少違法犯罪,做出了突出貢獻(xiàn)。但隨著社會主義建設(shè)事業(yè)的發(fā)展進(jìn)程,特別是改革開放二十多年的發(fā)展,我國社會各方面情況都發(fā)生了重大而深刻的變化,植根于當(dāng)時歷史條件下的勞動教養(yǎng)制度,因其難以克服的歷史局限和傳統(tǒng)經(jīng)驗(yàn)束縛下的巨大慣性,在新世紀(jì)的法治背景下,原有的理論、制度、經(jīng)驗(yàn)與模式的缺陷都充分凸現(xiàn)出來,無論在立法方面還是在管理模式方面,勞動教養(yǎng)制度與建設(shè)社會主義法制國家的總體要求都存在著諸多不適應(yīng)之處。勞動教養(yǎng)工作要取得更大發(fā)展,就必須緊跟時代步伐,與時俱進(jìn),改革創(chuàng)新。加強(qiáng)勞動教養(yǎng)制度的改革與完善,是全面落實(shí)黨的勞教工作方針、政策,探索改革勞動教養(yǎng)執(zhí)行方式,加大理論創(chuàng)新,完善社會主義法制,進(jìn)一步提高教育挽救質(zhì)量的重大舉措。 本文通過審視勞動教養(yǎng)制度面臨的嚴(yán)峻形勢和比較國外相關(guān)法律制度,分析了當(dāng)前勞教立法的必要性與法制化進(jìn)程,探索了勞動教養(yǎng)管理模式的改革方向與措施,同時提出加強(qiáng)勞教人民警察隊(duì)伍建設(shè)的對策建議。在案例分析和借鑒國內(nèi)外理論研究成果的基礎(chǔ)上,提出著重要重新明確勞動教養(yǎng)制度的法律地位,積極探索新型的勞動教養(yǎng)管理模式,創(chuàng)辦勞教工作特色,形成管理模式多樣化,執(zhí)法活動規(guī)范化,教育工作科學(xué)化,生產(chǎn)勞動功能化,警察隊(duì)伍專業(yè)化和所區(qū)環(huán)境建設(shè)校園化,使我國勞動教養(yǎng)工作健康、有序的發(fā)展,納入完善的法制建設(shè)軌道,開創(chuàng)勞教工作新局面。
[Abstract]:As a legal system with Chinese characteristics, it has become an important part of the legal system of our country, and successfully educated and saved a large number of illegal and minor offenders. To maintain national political and social stability, to prevent and reduce crime, made outstanding contributions. However, with the development of the cause of socialist construction, especially the development of reform and opening up for more than 20 years, major and profound changes have taken place in all aspects of our society, rooted in the system of re-education through labour under historical conditions at that time. Because of its insurmountable historical limitation and great inertia under the restraint of traditional experience, under the background of the rule of law in the new century, the defects of the original theory, system, experience and model are fully exposed. In the aspect of legislation and management mode, the system of reeducation through labor and the overall requirement of building a socialist legal country have many inadaptability. To achieve greater development, we must keep pace with the times, reform and innovation. To strengthen the reform and perfection of the reeducation through labor system is to comprehensively implement the Party's working principles and policies on re-education through labour, to explore the reform of the mode of implementation of re-education through labor, to increase theoretical innovation, and to perfect the socialist legal system. Major measures to further improve the quality of education and rescue. By examining the severe situation facing the re-education through labor system and comparing the relevant foreign legal systems, this paper analyzes the necessity and the process of legalization of the current legislation of re-education through labor, and probes into the reform direction and measures of the management mode of re-education through labor. At the same time, the paper puts forward the countermeasures and suggestions to strengthen the construction of the people's police force of reeducation through labor. On the basis of case analysis and reference of theoretical research results at home and abroad, it is proposed that the legal status of the re-education through labor system should be redefined, the new management mode of re-education through labor should be actively explored, and the characteristics of re-education through labour should be established. The formation of diversified management models, standardization of law enforcement activities, scientific education, functionalization of productive labour, specialization of the police force and campus construction of the local environment have made the work of re-education through labour in our country develop healthily and in an orderly manner. Bring into perfect the track of legal system construction, open up a new situation of reeducation through labor work.
【學(xué)位授予單位】：天津大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2006
【分類號】：D926.8
本文編號：2212052
[Abstract]:As a legal system with Chinese characteristics, it has become an important part of the legal system of our country, and successfully educated and saved a large number of illegal and minor offenders. To maintain national political and social stability, to prevent and reduce crime, made outstanding contributions. However, with the development of the cause of socialist construction, especially the development of reform and opening up for more than 20 years, major and profound changes have taken place in all aspects of our society, rooted in the system of re-education through labour under historical conditions at that time. Because of its insurmountable historical limitation and great inertia under the restraint of traditional experience, under the background of the rule of law in the new century, the defects of the original theory, system, experience and model are fully exposed. In the aspect of legislation and management mode, the system of reeducation through labor and the overall requirement of building a socialist legal country have many inadaptability. To achieve greater development, we must keep pace with the times, reform and innovation. To strengthen the reform and perfection of the reeducation through labor system is to comprehensively implement the Party's working principles and policies on re-education through labour, to explore the reform of the mode of implementation of re-education through labor, to increase theoretical innovation, and to perfect the socialist legal system. Major measures to further improve the quality of education and rescue. By examining the severe situation facing the re-education through labor system and comparing the relevant foreign legal systems, this paper analyzes the necessity and the process of legalization of the current legislation of re-education through labor, and probes into the reform direction and measures of the management mode of re-education through labor. At the same time, the paper puts forward the countermeasures and suggestions to strengthen the construction of the people's police force of reeducation through labor. On the basis of case analysis and reference of theoretical research results at home and abroad, it is proposed that the legal status of the re-education through labor system should be redefined, the new management mode of re-education through labor should be actively explored, and the characteristics of re-education through labour should be established. The formation of diversified management models, standardization of law enforcement activities, scientific education, functionalization of productive labour, specialization of the police force and campus construction of the local environment have made the work of re-education through labour in our country develop healthily and in an orderly manner. Bring into perfect the track of legal system construction, open up a new situation of reeducation through labor work.
【學(xué)位授予單位】：天津大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2006
【分類號】：D926.8
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前4條
1 王世超;濰坊市司法局勞教人員管理系統(tǒng)的設(shè)計與實(shí)現(xiàn)[D];山東大學(xué);2011年
2 王鵬;刑釋解教人員再犯罪問題研究[D];中南大學(xué);2008年
3 朱上;勞動教養(yǎng)工作人民警察職業(yè)倦怠研究[D];中南大學(xué);2009年
4 楊明旦;勞動教養(yǎng)制度缺陷與改革研究[D];湖南大學(xué);2011年
，本文編號：2212052
本文鏈接：http://sikaile.net/shekelunwen/gongan/2212052.html
教材專著
