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三国时期,有一“五斗米道”张鲁(因入道者出米五斗,故名),在陕西汉中建立政权,平抑物价,简化行政机构等,“民夷便乐之”、“竞共事之”。则张鲁“雄据巴、汉垂三十年”。后降于曹操。张鲁当政时,务行宽惠。主张先教后刑,有小过者,先自己反省;服罪后罚修路百步的劳役。犯重法者,先原宥三次,然后行刑。此种先教后刑的观念,与当今我国施行劳动教养制度,贯彻“教育、感化、挽救”人的宗旨,有着某种契合。历史在发展。历经半个世纪的劳动教养制度,从制度设计和实际操作上,都暴露出这样那样的问题。废与存,改良与改革,劳动教养成为社会热点,各种观点汇集。作为实际实施劳动教养决定权的公安机关,该如何面对争论,立足于现状,在办理劳动教养案件中实现文明公正执法的要求?
During the period of the Three Kingdoms, there was Zhang Lu (Five Fighting Rice Roads by Fighting Doors, hence the name), establishing political power in Hanzhong, Shaanxi, stabilizing prices and simplifying administrative structures. Zhang Lu “male-based Pakistan, Han dynasty thirty years.” After falling to Cao Cao. When Zhang Luru was in power, he said. Advocated to teach first after the punishment, a small person, first self-examination; serve convicted and punished after a hundred steps of labor. Guilty of law, first three times forgiven, and then execution. This kind of concept of pre-trial punishment after punishment has a certain connection with the current system of reeducation through labor in our country and the implementation of the principle of “education, probation and salvation”. History is developing. After half a century of re-education through labor system design and practice, have exposed such a problem. Waste and storage, reform and reform, reeducation through labor as a social hot spot, a variety of points of view. As a public security organ that actually exercises the power of decision-making in re-education through labor, how to face the controversy and base itself on the status quo in order to realize the requirement of just and fair law enforcement in the process of reeducation through labor?