抗日战争大后方民国狱政改革述评

发布时间：2018-05-08 19:18

本文选题：抗日战争 + 大后方　；参考：《西南政法大学》2012年硕士论文

【摘要】：本文以《抗日战争大后方民国狱政改革述评》为题，1“抗战期间”是为1937年抗日战争爆发到1945年日本宣布无条件投降止，此为时间限定；大后方是指远离战争前线的广大地区，又以川渝为核心，此为地域之限制。抗战爆发后，国民党政府为了适应战争需要，对其监狱体系的运作做了调整，主要是通过制定法规，发布命令并将之付诸实践的方式。全文主要内容可概括为一下几部分：第一部分：背景，通过对抗日战争的简要描述，介绍狱政改革是在什么样的背景下开展。也藉此简要说明改革之势在必行。满足战时需要可视为此次改革之个性，而回溯历史则可探知清末狱制改革与此改革有着共性。共性主要表现为救亡图存是其背负的历史使命，清末面对的是西方列强及日本的瓜分，而此次则是日本试图灭亡中国；废除领事裁判权则是清末到民国政界精英奋斗不息之目标，西方列强每每以中国之法律同西方法律的差异诟病中国，并以之为取得领事裁判权的当然理由；西学东渐过程中西方文明对我们传统文化的巨大冲击以及国人对西方文明的逐渐认同与接受，并将西方的部分制度落实，清末与战时的狱政改革便是其中两例。第二部分：践行，此次改革的开展是以立法为指导，大部分具体措施都是有法可循。因此，在论述之时引用了大量的战时监狱立法。主要通过三部分对改革的具体措施进行了介绍，第一部分生活卫生方面的革新，包括了监犯的被服配备，住宿安排和医疗卫生方方面面；第二部分监犯工作，可分监内作业与外役监，而外役监则是以四川平武外役监为考察对象，此外役监将监犯安排在相对偏远的地区从事农业和畜牧业，，执行刑罚的同时教授监犯生产技能让其自食其力，更为宏远的目标即是期望外役监之产出支持前线抗日，外役监的设立具有开创性，颇能体现战时特色；第三部分监犯调服军役，该措施是对抗战最为直接的支持，其推行既使拥堵的监狱得以疏导，又为抗战提供了兵力，也能让部分监犯满足保家卫国之宏愿，可谓一举多得。结论，引用两小段文字阐述此次改革的不足之处，并简要分析其原因：局势动荡；财政拮据；中国传统对西方文明的排斥。其后从三方面对此次改革给予了肯定：确实地对抗战作出了贡献；丰富完善了民国监狱立法体系；此次改革是对近代西方行刑理论的践行，而该理论所蕴含的尊重人的普世价值观在当下社会同样熠熠生辉。
[Abstract]:Under the title of "Review on the Reform of Prison Administration in the Republic of China in the Great Rear area of the Anti-Japanese War", "during the War of Resistance against Japan" is the time limit for the outbreak of the War of Resistance against Japan in 1937 to the unconditional surrender of Japan in 1945, which refers to the vast areas far from the front lines of the war. Sichuan and Chongqing as the core, this is the limit of the region. After the outbreak of the Anti-Japanese War, the Kuomintang government adjusted the operation of its prison system in order to meet the needs of the war, mainly by making laws, issuing orders and putting it into practice. The main contents of this paper can be summarized as follows: The first part: background, through a brief description of the War of Resistance against Japan, introduce the prison reform under what background. This also briefly illustrates the necessity of reform. To meet the wartime needs can be regarded as the individuality of this reform, but looking back on the history, we can find out that the reform of prison system in the late Qing Dynasty has a common character with this reform. The common character is that saving the nation from death is its historical mission. In the late Qing Dynasty, it was the Western powers and Japan's partition, and this time Japan was trying to destroy China. The abolition of consular jurisdiction was the goal of the political elite from the late Qing Dynasty to the Republic of China. Western powers often criticized China on the basis of the differences between Chinese law and western law, and used it as a natural reason for obtaining consular adjudication power. The great impact of western civilization on our traditional culture in the process of western learning to the east and the gradual recognition and acceptance of western civilization by Chinese people, and the implementation of some western systems, are two examples of prison reform in the late Qing Dynasty and wartime. The second part: practice, the reform is guided by legislation, most of the specific measures have laws to follow. Therefore, a large number of wartime prison legislation was cited during the discussion. Mainly through three parts to introduce the specific measures of the reform, the first part of the reform of life and hygiene, including prisoners of clothing, accommodation arrangements and medical and health aspects; the second part of the prisoners work, They can be divided into internal and external prison, while outside prison is the object of investigation. In addition, the prison arranges prisoners in relatively remote areas to engage in agriculture and animal husbandry. At the same time, the execution of punishment to teach the prisoners production skills to enable them to earn their own living, a more ambitious goal is to expect the output of the prison of foreign service to support the frontline anti-Japanese, the establishment of a prison of foreign service is groundbreaking, quite can reflect the wartime characteristics; The third part is the most direct support to the War of Resistance, which provides the troops for the War of Resistance and enables some prisoners to satisfy the great aspirations of defending their country. It can be said that it can be said to kill more than one stone. It can be said that even if the congested prison can be channeled, it can also provide the troops for the War of Resistance against Japan and enable some of the prisoners to meet the great aspirations of defending their country. In conclusion, two paragraphs are quoted to illustrate the shortcomings of the reform, and briefly analyze the reasons for the reform: instability, financial constraints, and Chinese tradition's rejection of Western civilization. After that, the reform was affirmed from three aspects: it did contribute to the War of Resistance against Japan, enriched and perfected the prison legislation system of the Republic of China, and this reform is the practice of the modern western theory of execution. The universal values of respect for human beings contained in this theory also shine brilliantly in the present society.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;D926.7

【参考文献】