論勞教機(jī)關(guān)民警執(zhí)法權(quán)及其行使困境與對策
發(fā)布時(shí)間：2019-04-24 08:24
【摘要】： 作為我國警察系列之一的勞動(dòng)教養(yǎng)管理機(jī)關(guān)人民警察是人民民主專政的重要工具,是我國獨(dú)有的勞動(dòng)教養(yǎng)法律關(guān)系主體。自從勞教制度誕生以來,勞教民警克服重重困難,忠誠地履行法律法規(guī)賦予的職責(zé),堅(jiān)定地執(zhí)行勞動(dòng)教養(yǎng)法律制度,成功教育挽救了400多萬違法和輕微犯罪人員,為預(yù)防和控制犯罪、維護(hù)社會(huì)穩(wěn)定、促進(jìn)經(jīng)濟(jì)社會(huì)發(fā)展發(fā)揮了不可替代的作用。勞教民警的屬性源于勞動(dòng)教養(yǎng)法律制度,依附于勞動(dòng)教養(yǎng)機(jī)關(guān)性質(zhì)和《人民警察法》等相關(guān)法律法規(guī)的界定,具有政治上、法律上、社會(huì)上和職業(yè)上的多種屬性。從根本上說,勞教民警的執(zhí)法權(quán)屬于國家行政權(quán)的一種形式,受勞動(dòng)教養(yǎng)法律法規(guī)的確認(rèn)和設(shè)定。隨著勞動(dòng)教養(yǎng)制度的決定因素的演變,勞教民警執(zhí)法權(quán)也經(jīng)歷了多次變更,從非處罰的安置就業(yè)性逐步演變?yōu)榫哂袕?qiáng)制性、懲罰性和教育挽救性的屬性。從現(xiàn)實(shí)考察上看,勞教民警執(zhí)法權(quán)體現(xiàn)出五大內(nèi)容、四項(xiàng)特征和五種類型。執(zhí)法權(quán)的運(yùn)行涉及不同方面的內(nèi)容,表現(xiàn)出行使的實(shí)然狀態(tài)。 然而,隨著法治進(jìn)程的逐步推進(jìn),現(xiàn)代文明程度提升,相關(guān)法律制度的不斷建立和完善,勞動(dòng)教養(yǎng)法律制度受到諸多質(zhì)疑,制度運(yùn)行的處境越發(fā)尷尬與艱難。勞教民警執(zhí)法權(quán)的行使日益面臨沖擊,困境重重。表現(xiàn)在法律制度方面的滯后、沖突、不健全;在體制機(jī)制方面的不合理、不完善、不配套,從而導(dǎo)致在執(zhí)法實(shí)踐過程中權(quán)力短缺、環(huán)境欠佳、風(fēng)險(xiǎn)加大、執(zhí)法模式無特色、執(zhí)法主體明顯弱化與邊緣化。 勞教民警執(zhí)法權(quán)是一項(xiàng)必要和重要的行政權(quán),為保障民警執(zhí)法權(quán)得到依法有效的行使,應(yīng)當(dāng)健全勞教民警執(zhí)法權(quán)法治系統(tǒng),具體措施是:以改革勞動(dòng)教養(yǎng)制度為構(gòu)建勞教民警執(zhí)法權(quán)法治系統(tǒng)的前提,將勞動(dòng)教養(yǎng)制度改革為違法行為矯治制度,作為獨(dú)立的法律處分,與刑罰中的自由刑和行政處罰中的人身罰共同構(gòu)成我國限制或剝奪人身自由法律處分的完整體系;以理順體制與機(jī)制為基礎(chǔ),調(diào)整省市兩級管理的體制為省直屬統(tǒng)管,避免多頭管理、九龍治水的局面,解決建制不一、執(zhí)法不統(tǒng)一等弊端,以及名稱規(guī)范與銜接的問題。合理調(diào)整機(jī)構(gòu)設(shè)置體系,變革所、企、社運(yùn)行機(jī)制,明確經(jīng)費(fèi)的保障標(biāo)準(zhǔn);以建立專業(yè)化的警隊(duì)為保證,改變民警原來的一職多能的“萬金油”式執(zhí)法狀況,按照民警所承擔(dān)的執(zhí)法任務(wù)、職責(zé),根據(jù)不同的崗位特點(diǎn)、分工,進(jìn)行民警專業(yè)化建設(shè);以完善執(zhí)法權(quán)的規(guī)制為目標(biāo),在執(zhí)法權(quán)行使的原則、保障、法律責(zé)任、行使方式等方面提出重構(gòu)的對策。
[Abstract]:As one of the police series of our country, the people's police is an important tool of the people's democratic dictatorship and the main body of the legal relations of the reeducation through labor. Since the birth of the re-education through labour system, the police have overcome many difficulties, faithfully fulfilled the duties entrusted to them by laws and regulations, firmly implemented the legal system of reeducation through labour, and successfully educated more than 4 million people who broke the law and committed minor crimes. In order to prevent and control crime, maintain social stability, promote economic and social development has played an irreplaceable role. The attribute of reeducation-through-labor police originates from the legal system of reeducation-through-labor, which is attached to the definition of the nature of the reeducation-through-labour institution and the people's Police Law and other related laws and regulations, and has various attributes in politics, law, society and occupation. Fundamentally speaking, the enforcement power of the reeducation through labor police belongs to a form of national administrative power, which is confirmed and set up by the laws and regulations of reeducation through labour. With the evolution of the decisive factors of the system of reeducation through labor, the enforcement power of the reeducation through labor police has undergone many changes, from the non-punitive placement and employment to the mandatory, punitive and educational rescue attribute. From the perspective of reality, there are five main contents, four characteristics and five types of the law enforcement power of the reeducation through labor police. The operation of the enforcement power involves different aspects of the content, showing the actual state of exercise. However, with the progressive progress of the rule of law, the promotion of modern civilization, the continuous establishment and improvement of the relevant legal system, the legal system of reeducation through labour has been questioned by many people, and the situation of the system running is becoming more and more awkward and difficult. The exercise of the law enforcement power of the reeducation through labour police is increasingly faced with impact and difficulties. The lag, conflict and imperfection of the legal system; The irrationality, imperfection and incompatibility of the system and mechanism lead to the shortage of power, the poor environment, the increase of the risk, the lack of characteristics of the law enforcement mode and the obvious weakening and marginalization of the main body of the law enforcement in the process of law enforcement practice. The enforcement power of the police through labour is a necessary and important administrative power. In order to ensure the effective exercise of the enforcement power of the police in accordance with the law, we should improve the system of the rule of law of the right of the police to enforce the law of the reeducation through labour. The concrete measures are as follows: to reform the system of reeducation through labour as the premise of constructing the system of law enforcement of the police of reeducation through labor, to reform the system of reeducation through labour as a system of correction for illegal acts, and to act as an independent legal sanction. Together with the free penalty in the penalty and the personal punishment in the administrative punishment, it constitutes the complete system of the legal punishment of restricting or depriving the liberty of the person in our country; On the basis of rationalizing the system and mechanism, adjusting the two-level management system of provinces and cities as provincial direct administration, avoiding multi-head management, the situation of nine dragons governing water, solving the malpractices of different systems and inconsistent law enforcement, as well as the problems of standardization and convergence of names. Reasonable adjustment of the institutional set-up system, reform of the institute, enterprise, social operation mechanism, clearly defined the standard of funding protection; Taking the establishment of specialized police force as a guarantee, changing the police's original "golden oil" law enforcement situation, according to the police's law enforcement tasks and responsibilities, according to the characteristics of different posts, division of labor, police professional construction; In order to perfect the regulation of the enforcement power, the author puts forward the countermeasures of reconstruction in the aspects of the principle, protection, legal responsibility and the way of exercising the enforcement power.
【學(xué)位授予單位】：華中師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2008
【分類號】：D926.8;D922.14
本文編號：2464297
[Abstract]:As one of the police series of our country, the people's police is an important tool of the people's democratic dictatorship and the main body of the legal relations of the reeducation through labor. Since the birth of the re-education through labour system, the police have overcome many difficulties, faithfully fulfilled the duties entrusted to them by laws and regulations, firmly implemented the legal system of reeducation through labour, and successfully educated more than 4 million people who broke the law and committed minor crimes. In order to prevent and control crime, maintain social stability, promote economic and social development has played an irreplaceable role. The attribute of reeducation-through-labor police originates from the legal system of reeducation-through-labor, which is attached to the definition of the nature of the reeducation-through-labour institution and the people's Police Law and other related laws and regulations, and has various attributes in politics, law, society and occupation. Fundamentally speaking, the enforcement power of the reeducation through labor police belongs to a form of national administrative power, which is confirmed and set up by the laws and regulations of reeducation through labour. With the evolution of the decisive factors of the system of reeducation through labor, the enforcement power of the reeducation through labor police has undergone many changes, from the non-punitive placement and employment to the mandatory, punitive and educational rescue attribute. From the perspective of reality, there are five main contents, four characteristics and five types of the law enforcement power of the reeducation through labor police. The operation of the enforcement power involves different aspects of the content, showing the actual state of exercise. However, with the progressive progress of the rule of law, the promotion of modern civilization, the continuous establishment and improvement of the relevant legal system, the legal system of reeducation through labour has been questioned by many people, and the situation of the system running is becoming more and more awkward and difficult. The exercise of the law enforcement power of the reeducation through labour police is increasingly faced with impact and difficulties. The lag, conflict and imperfection of the legal system; The irrationality, imperfection and incompatibility of the system and mechanism lead to the shortage of power, the poor environment, the increase of the risk, the lack of characteristics of the law enforcement mode and the obvious weakening and marginalization of the main body of the law enforcement in the process of law enforcement practice. The enforcement power of the police through labour is a necessary and important administrative power. In order to ensure the effective exercise of the enforcement power of the police in accordance with the law, we should improve the system of the rule of law of the right of the police to enforce the law of the reeducation through labour. The concrete measures are as follows: to reform the system of reeducation through labour as the premise of constructing the system of law enforcement of the police of reeducation through labor, to reform the system of reeducation through labour as a system of correction for illegal acts, and to act as an independent legal sanction. Together with the free penalty in the penalty and the personal punishment in the administrative punishment, it constitutes the complete system of the legal punishment of restricting or depriving the liberty of the person in our country; On the basis of rationalizing the system and mechanism, adjusting the two-level management system of provinces and cities as provincial direct administration, avoiding multi-head management, the situation of nine dragons governing water, solving the malpractices of different systems and inconsistent law enforcement, as well as the problems of standardization and convergence of names. Reasonable adjustment of the institutional set-up system, reform of the institute, enterprise, social operation mechanism, clearly defined the standard of funding protection; Taking the establishment of specialized police force as a guarantee, changing the police's original "golden oil" law enforcement situation, according to the police's law enforcement tasks and responsibilities, according to the characteristics of different posts, division of labor, police professional construction; In order to perfect the regulation of the enforcement power, the author puts forward the countermeasures of reconstruction in the aspects of the principle, protection, legal responsibility and the way of exercising the enforcement power.
【學(xué)位授予單位】：華中師范大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2008
【分類號】：D926.8;D922.14
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 丁潔;勞教人民警察的旅游制約因素研究[D];湖南師范大學(xué);2013年
，本文編號：2464297
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