对《收容遣送办法》废除后遗留问题的探析——兼评《救助办法》

近年来,收容遣送一直受到批评和置疑,随着今年“孙志刚事件”的披露,该制度更是成了众矢之的,受到来自学界、舆论界和普通公民的猛烈抨击。2003年6月22日国务院自行废止了实行了21年的《收容遣送办法》,代之以更人性化的《救助办法》。收容遣送的废除,似乎是该案最好的注解。但是,在《收容遣送办法》废除,《救助办法》实施后一系列问题的出现,又使得必须对此做出重新思考。本文试就相关问题做一探讨。

An Analysis of the Remaining Questions after the Abolishment of Regulations on Acceptance and Shipping Off, also on Regulations on Aiding

In recent years, the issue of acceptance and shipping off has been criticized and questioned, with the exposure of the Sun Zhigang Event in 2003, this system has been target of public criticism and fiercely attacked by the academic circle and general public. On Jun 22nd 2003 the State Council automatically abolished the Regulations on Acceptance and Shipping Off, which has been implemented for 21 years, replacing it with more humane Regulations on Aiding. The Abolishment of the Regulations on Acceptance and Shipping Off seems to be the best result of the Sun Zhigang case, but a series of problems come into existence after the abolishment of the former and the implementation of Regulations on Aiding, and this requires rethinking of the issue. This article attempts to discuss relevant issues.