试论清末狱政改革

发布时间：2018-02-23 22:07

本文关键词： 清末狱政改革大清监狱律草案新式监狱　出处：《郑州大学》2011年硕士论文　论文类型：学位论文

【摘要】：19世纪以来世界各国刑制改革运动方进不已,给古老的中国带来了极大的震动,虽然清末新政的推行和变法改良的实施有着更加复杂的政治原因,但国门打开后,西方与中国传统两种狱制的反差已是无可辩驳的事实,清政府也从各方面意识到狱政改革的重要意义,就这样中国人第一次怀着在帝国主义列强欺压下的屈辱、愤忿和对西方科技制度的敬意的复杂交错的矛盾心态,开始了无不充满痛苦的法律化移植运动和监狱改良运动。清末狱政是在内外交困的背景下,为了挽救风雨飘摇的统治,在推行“新政”的过程中将改良狱制作为改良的重要内容,同时在西方教育刑理念的渗透下,清末监狱思想发生的变化也影响了监狱概念的变化；核心人物狱政思想的转变同样昭示着清末狱政改革的方向,张之洞、刘坤一在《江楚会奏变法三折》之中提出监狱具体改良的意见,山西巡抚赵尔巽上奏的《赵尔巽请各省通设罪犯习艺所折文》,针对晚清发遣、充军、流刑、徒刑罪犯管理上的流弊,请求在各省设置罪犯习艺所,集中管理,统一劳作,教以工艺。沈家本从四个方面建议监狱改良：“一改建新式监狱”、“二养成监狱官吏”、“三颁布监狱规则”、“四编辑监狱统计”,都是针对狱政改革提出的具体主张。清末监狱改良的筹备与具体实践过程中制定了《大清监狱律草案》,这份草案输入了先进的狱政理念、原则、制度,孕育了近代狱法的模型。官制改革、狱政人才的培养、更定官制,使司法与行政分开,培养了监狱专官。设立罪犯习艺所,把监禁和劳动结合起来矫正罪犯的路子推前了一步；中国的狱制转型中,治外法权的收回与国人一定程度的自觉,西方狱政思想的传播与传统儒家观念的动摇都是狱制转型的原因,除了有外因驱动,更有内因的作用；预备立宪的欺骗性与仓促性,狱政改革思想方面与操作层面的缺陷使得清末狱政改革最终以失败而告终。在思索清末狱政改革之时,了解到监狱理念转变的困难与复杂,西方法律移植在清末本土文化中的冲突与抉择。清末狱政改革虽然失败了,但是清末一代人为狱政改革所作的努力却是值得肯定的。
[Abstract]:Since 19th century, the criminal system reform movement in various countries of the world has been advancing continuously, which has brought great shock to ancient China. Although there are more complicated political reasons for the implementation of the New deal in the late Qing Dynasty and the implementation of the reform, but after the opening of the country, The contrast between the western and Chinese traditional prison systems is an irrefutable fact, and the Qing government also realized the importance of prison reform from various aspects. Thus, for the first time, the Chinese people were subjected to humiliation under the influence of imperialist powers. Anger and the complex interlaced ambivalence of respect for western science and technology began the painful legal transplant movement and the prison reform movement. In the end of Qing Dynasty, in the background of internal and diplomatic difficulties, in order to save the vicissitudes of rule, in the process of carrying out the "New deal", the improved prison was made as an important part of the improvement, and at the same time, under the infiltration of the western concept of educational punishment, The change of prison thought in the late Qing Dynasty also influenced the change of prison concept. The change of prison administration thought of the core figure also revealed the direction of prison reform in the late Qing Dynasty, Zhang Zhidong, Liu Kunyi put forward his opinions on the specific improvement of the prison in Jiang Chuhui's "Jiang Chuhui's Reformation". By Shanxi Governor Zhao er Sunda, "Zhao Erxun asked provinces to set up transcripts of criminal art institutes," aimed at sending out, enlisting the army, and transferring punishment in the late Qing Dynasty. The malpractice in the management of prison criminals and their requests for the setting up of institutions for the study of criminals in various provinces, centralized management and unified labour; Shen Jiaben suggested prison improvement from four aspects: "one reconstructing a new prison", "cultivating prison officials", "three promulgating prison rules" and "four editing prison statistics", all of which are concrete proposals for prison reform. In the preparation and concrete practice of prison reform in the late Qing Dynasty, the draft of the Prison Law of the Qing Dynasty was formulated, which imported advanced prison administration ideas, principles and systems, gave birth to the model of modern prison law, the reform of the official system, and the training of prison officials. A more official system has separated the administration of justice from the administration of justice and trained specialized prison officials. The establishment of institutions for the study of criminals and the integration of imprisonment and labour to correct criminals has taken a step forward; China's prison system is in the process of transformation. The recovery of extraterritorial jurisdiction and the Chinese people's consciousness to a certain extent, the spread of western prison thoughts and the shaking of traditional Confucian ideas are the reasons for the transformation of the prison system. Besides being driven by external causes, they have more internal causes, and are prepared for the deceptive and hasty nature of constitutionalism. The defects in the ideology and operation of prison reform resulted in the final failure of prison reform in the late Qing Dynasty. When thinking about the reform of prison administration in the late Qing Dynasty, we realized the difficulty and complexity of the transformation of prison concept. The conflict and Choice of Western Law Transplant in the Local Culture of the late Qing Dynasty. Although the reform of prison administration failed in the late Qing Dynasty, the efforts made by the generation of the late Qing Dynasty to reform the prison administration are worthy of recognition.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7;D929

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