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内容摘要中国的劳动教养制度是根据1957年8月1日全国人大常委会第78次会议批准颁布的《关于劳动教养问题的决定》,以及有关法律、法规建立的,依照法律规定,劳动教养不是刑事... 内 容 摘 要

中国的劳动教养制度是根据1957年8月1日全国人大常委会第78次会议批准颁布的《关于劳动教养问题的决定》,以及有关法律、法规建立的,依照法律规定,劳动教养不是刑事处罚,而是为维护社会治安,预防和减少犯罪,对轻微违法犯罪人员实行的一种强制性教育改造的行政措施。不容否认,劳动教养制度在维护社会治安、有效预防犯罪、稳定社会秩序、维护社会安定团结的政治局面等方面,曾经发挥了积极作用。然而,随着时代的进步和历史的发展,我国政治经济形势发生了深刻变化,不仅民主和法治早已成为国家政治文明的核心内容,而且公民的权利与自由意识也空前高涨。在这种历史背景之下,深刻反思劳动教养制度之不足和探讨其改革方略就成为历史的必然。

关键词:劳动教养;劳动教养制度;教育改造;行政处罚
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泯亡
2009-05-21 · TA获得超过1636个赞
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China's education-through-labor system was the Standing Committee of the National People's Congress 78th conference authorizes the promulgation according to August 1, 1957 "about Education-through-labor Question Decision", as well as the relevant law, the laws and regulations establishment, according to the legal rule, the education-through-labor were not the criminal punishments, but for the maintenance social order, the prevention and the reduced crime, implemented to the slight illegal crime personnel one kind of compulsion sex education transformation executive action. Does not allow to deny that the education-through-labor system in the maintenance social order, the effective prevention of crime, the stable social order, maintenance social stability unity's aspects and so on political scene, had once played the positive role. However, along with the time progress and the historical development, our country politics economic situation has had the profound change, not only the democracy and the government by law already become the national politics civilization the central content, moreover citizen's right and free consciousness also unprecedented upsurge. Under this kind of historical perspective, reconsiders profoundly insufficiency of the education-through-labor system and discusses its reform plan to become historical the necessity.
xiaoniaochiyu
2009-05-21 · TA获得超过111个赞
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China's reeducation through labor system was based on 1 August, 1957 the NPC Standing Committee 78th meeting, approved and promulgated the "re-education through labor issues on the decision", as well as relevant laws and regulations established in accordance with the law, re-education through labor is not a criminal punishment but for the maintenance of social order, to prevent and reduce crime, crimes against minor implemented a mandatory re-education of the administrative measures. Can not be denied that re-education through labor system in the maintenance of social order, effective crime prevention, stability, social order and maintaining social stability and unity of the political situation, etc., have played an active role. However, with the
The progress of the times and historical development of political and economic situation in China has undergone profound changes, not only democracy and the rule of law has become the country's political civilization of the core content, but also the rights and freedoms of citizens unprecedented sense. In this historical background, a profound reflection on the lack of re-education through labor system reform strategy and to explore its history has become inevitable.
Key words: re-education through labor; re-education through labor system; Educational Reform; administrative penalty
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ypx38123
2009-05-21
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Content abstract
Chinese physical labour education system is to promulgate according to Standing Committee of the National People's Congress on August 1 , 1957 the 78th time of convention allowance "about the decision undergoing education through labour problem" , relevant laws and decrees builds , stipulate that according to the law and, undergoing education through labour is not criminal penalty, but is to be to defend public security , to take precautions against and cut down the administrative measures committing a crime , compelling sex education make over to a kind of that slight law-breakers and criminals carries out. Do not admit denying , do not undergo education through labour system in the field of defending public security , effective anticrime , stabilizing social order , defending the society political situation of stability and unity and so on, had once brought a positive role into play. Profound change happened in our country politics economic situation but, with the development of times progress and history,not only democracy and rule by law become country political civilization core content long ago , but also civil right and free consciousness also rising to an unprecedented height. Under this historical setting, the deep self-examination works education insufficiency of system and investigation and discussion it's the necessity reforming a general plan becoming history right away.
Keywords: Reeducation through labour; Undergo education through labour system; Reform through education; Administrative penalty
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