董康与清末监狱改良

发布时间：2018-11-12 16:22

【摘要】： 清末的监狱改良是清末修律乃至整个清末新政的重要部分。在这次改良运动中,法学家们运用西方先进的近代监狱思想来对中国传统的监狱进行改造,拉开了我国监狱近代化的大幕。而在这次监狱改良运动中,董康是其重要人物之一,他的监狱改良思想在很大程度上影响和反映了整个清末监狱改良运动的走向。 1901年,董康从刑部湖广司主稿调提牢厅主事,亲身参与了对传统监狱的直接管理,积累了监狱管理的实践经验。1906年,他又受清廷派遣赴日本对监狱裁判等事务进行考察。这次日本之行使董康接触了西方先进的现代监狱思想,并将其与中国的监狱管理实际相结合,形成了他的监狱改良思想。总体而言,董康在监狱改良方面的主张表现在以下几个方面:一是监狱立法。董康主张要制定系统的监狱法规,对各地监狱进行统一管理,而且强调监狱的管辖权应相对独立于司法审判;二是狱政方面的改良措施。主要包括监狱构造设计、监狱的分类、监狱官吏以及监狱统计等几个方面,这些都是传统监狱不曾考虑过或者并不重视的内容,而董康则在监狱改良中将其视为一个重要方面;三是刑罚制度的改革。董康在综合分析了各国的自由刑制度之后,提出了可供中国制定自由刑制度参考的方式及其应注重的方面。而对于刑罚中最重的死刑,董康也认为死刑应只存一种,并主张从刑罚宜宽大的角度出发减少死刑,这实在不失为一种进步。另外,董康在刑部提牢任上曾亲身参与秋审大典,因此对秋审的理解较深,他推崇清朝的秋审制度,认为秋审制度在情与理之间找到了一个相对平衡点,是减刑的重要手段之一;四是对狱中囚徒的管理。他主张对待囚徒应遵循公平、严正、仁慈三个基本要素,要注重对囚徒的人身、名誉、劳动、通信等权利的尊重和保护。而且要充分发挥监狱对囚徒,特别是对未成年犯的教育和感化作用。董康的这些监狱改良思想,虽然难免受到清朝著名法学家的影响,但他在这些法学家的监狱思想的基础上结合自身的实际见闻,加以补充和发扬。而且因其本身地位的特殊,使得他的监狱改良思想对清末监狱改良运动甚至后来民国时期的监狱改良都产生了深远的影响。
[Abstract]:The prison reform in the late Qing Dynasty was an important part of the law revision and the whole New deal in the late Qing Dynasty. In this reform movement, the jurists used the western advanced modern prison thought to carry on the reform to the Chinese traditional prison, opened our country prison modernization big screen. Dong Kang was one of the important figures in the prison reform movement. His prison reform thought influenced and reflected the trend of the prison reform movement in the late Qing Dynasty to a great extent. In 1901, Dong Kang transferred the chief of the prison office from the chief manuscript of Hu Guang Department of Criminal Affairs, personally participated in the direct management of the traditional prison and accumulated practical experience in prison management. In 1906, he was sent by the Qing Dynasty to Japan to investigate the prison judgment and other matters. Dong Kang came into contact with the western advanced modern prison thought and combined it with the practice of prison management in China and formed his thought of prison reform. In general, Dong Kang's views on prison reform are shown in the following aspects: first, prison legislation. Dong Kang advocates to formulate systematic prison laws and regulations and to unify the management of local prisons, and emphasizes that the jurisdiction of the prison should be relatively independent from the administration of justice, and the second is the improvement measures in the aspect of prison administration. Mainly includes the prison structure design, the prison classification, the prison officials and the prison statistics and so on several aspects, these are the traditional prison has not considered or does not attach importance to, but Dong Kang regards it as an important aspect in the prison reform; Third, the reform of penalty system. After synthetically analyzing the free penalty system in various countries, Dong Kang put forward the ways and aspects that can be used for reference in China. As for the most severe death penalty, Dong Kang also thinks that there should be only one death penalty, and advocates that the death penalty should be reduced from the point of view of leniency, which is indeed a kind of progress. In addition, Dong Kang personally participated in the autumn trial ceremony while serving as a prisoner in the Ministry of torture, so he had a deeper understanding of the autumn trial. He respected the autumn trial system of the Qing Dynasty and thought that the autumn trial system had found a relative balance between emotion and reason. Is one of the important means of commutation; Fourth, the management of prisoners in prison. He argued that the treatment of prisoners should follow the three basic elements of fairness, Yan Zheng and benevolence, and pay attention to the respect and protection of prisoners' rights of person, reputation, labor, correspondence and so on. And to give full play to the prison to prisoners, especially to juvenile offenders education and probation. Although Dong Kang's thought of prison reform was inevitably influenced by the famous jurists of the Qing Dynasty, he combined with his own actual experience and news on the basis of the prison thought of these jurists to supplement and carry forward it. Because of his own special status, his prison reform thought had a profound influence on the prison reform movement in the late Qing Dynasty and even in the later period of the Republic of China.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D926.7;D929

【相似文献】