Research On Reformatory Education In Prison Of Modern China

Just like modernization of Chinese legal system was western learning introduced into China, the modern transformation prison execution system was the result of transplantation of western execution culture in a large part. Under the guide of new execution thought, the shift from physical punishment to a free sentence, and the overturn reverse for deterrent punishment by educational execution, became most outstanding representation of execution changes in modern prison. This deep change which touched the soul of penalties indicated disintegration of Chinese traditional execution system, and the establishment of the modern execution mode. No matter during the period of Beijing Government or during Nanjing National Government of the Republic of China, the prison execution had inherited and sublet to a greater or lesser extent the outcome of execution change at late Qing dynasty, reformatory execution ism had maintained fairly good continuity both from theory and practice, and basically laid main body of the modern style of prison education. Carding and research of the reformatory education in modern prisons, not only could provide historical coordinates for the modernization process of Chinese prison, but also was no lack of inspiration for current prison education.The paper is divided into three parts: introduction, the main text and conclusion, and the main text consists of seven chapters.The introduction part defines the understanding and intention of concerning concepts. The reason why the modern prison execution is located as"reformatory education", is that"reform"highlighted the typical characteristics of modern prison system. From the travelling description of late Qing officials, to the prosperity of prison studies at republic period, and to the specialized research of reformatory education, the modern scholarly value of prison education had demonstrated step by step. But the modern study of this issue is mostly among the containment of historical research about prison, and there isn't systematical and special research inland.On the basis of reviewing characteristics of ancient execution in China, the first chapter highlights transformation of prison execution-style at late Qing dynasty. Under the guidance of retaliation and deterrence punishment, ancient prison aimed to suffer humiliation and punishment. Although there was no lack of ritual enlightenment in ancient execution, there also had been reformatory concept and repentance based on system of "huantu" and shame punishment, it wasn't the whole picture of ancient prison at all. The improvement of modern prisons was forced to start under the impact of the concept of execution in the west, the penalty modernization and extraterritorial jurisdiction became important motives of prison innovation, followed by a series of transformation in the field of execution ideas, institutions, legislation, management and jailer, etc. After the Republic of China, the ideas of educational execution came into mainstream to lead the execution transform. The concept of prison governance in this period had obscured more profound and more lasting influence from western execution learning, the purpose of prison execution was not only for the need of society protection, but also had been focus on criminal correction. This chapter also gives interpretation about philosophical foundation of reformatory education in prison, from perspective view of sociology, human nature and crime cause.The second chapter explores the labor system of modern prison. The reformatory execution of modern prison typically reflected in three aspects: labor, edification and education. Labor designs to grant the offender labor skills, not only to prevent recidivism, give physical and mental enhance, but also to cause the function of moral change, and thus becomes important content of prison legislation. Prison labor derived from modern educational execution, as an important means of enlightenment, it was quite different from the ancient prison, in which prisoners were forced servitude. During Nanjing National Government of the Republic of China, it also appeared labor outside the prison and land reclamation. In view of poor performance for labor in old prisons, the judicial authorities issued a large number of decrees to make supervision. In the Anti-Japanese War, the productive function of labor had been protruded on purpose, and was also asked to meet the quartermaster. Although prison labor grew strict enforcement and reinforcement, its start-up size and performance was not up to official expectations. In addition to the factors of operational mismanagement and lack of funds, the poor implementation of labor act was also an important reason. Modern criminals'labor aimed not so much to promote their reform, as to pay more attention to the economic benefits, thus there was inevitably a departure from the mind of labor system.The third chapter discusses the edification system of modern prison. The edification is just moral education, and becomes a significant identification of modern educational penalty. In fact, the cultivation includes edification focused on the moral nurture, and education focused on the knowledge of indoctrination. The principle of edification had priority in basic prison legislation of the Republic of China, and edification was often paid more attention than education. Under the instructions of judicial authorities, the edification of prisons gradually walked on the right track, and also showed a certain number of practical results. However, the edification was mostly concentrated in the new prisons. The old prisons were mostly crude, and edification was almost empty. It is worth mentioning that the religious edification of modern prison was a very strong force. Modern judicial authorities were convinced of the role of religion for prisoners'repent, and gave prisoners some freedom of religious belief through the prison act. But, it was for prisoners to seek an illusory spiritual support, and made them feel at ease in legal administration, rather than an emphasis on the reform effectiveness from religious. Although the concept of edification in modern prisons had been immobilized, and individual edification was also emphasized on, it was still difficult to avoid the narrow coverage, poor implementation of the act, as well as the shortcomings of edification method itself.The fourth chapter discusses the education in modern prisons. Education is indispensable to the execution reform. As the same elements of upbringing, although the names of intellectual and moral education are different, they are complementary to each other. Prison education has double effects on criminal prevention and treatment, it is not only considered as a special kind of public education, but also the equivalent of an extension of school education and additions. Modern prison education had a very broad range of educational time, subject, materials, methods, standards and assessment, etc, which constituted main body of prison education system. Modern prison act gave prisoners a certain degree of freedom of reading, and commanded the prison-cum-library. Some of the prisons had also issued a publication, which played a significant supporting role on reformatory education. A number of instructions enriched prison education, and it was not only limited to the general prisons, but also extended to the military prison, outside prison and detention center, and showed some features of a focus on the party's philosophy and military training. To the latter part of the Republic of China, the prison educational idea had been relatively mature, some education was highlighted a certain success, but prison education issues still existed in non-compliance of law, low popularization, limited funding, etc.The fifth chapter introduces educational faculty in modern prison, which mainly analysed elective qualifications, duties and assessment, supervision and configuration issues about edification-tutors and teachers. In modern prisons, the lack of teaching and teacher education was a difficult problem all the time. Despite the repeated orders of judicial authority for faculty improvement, the fact was beyond their grasp. With reformatory education receiving increasing attention, the status of edification-tutors and teachers had increased. At the view of official rank and salaries of prison officials, the status of an edification-tutor was always better than the teacher. Because the edification-tutors and teachers are closely linked, this chapter makes some comparison from five aspects: the faculty allocation, age distribution, salary treatment, qualifications and working-report forms, from which the actual working condition of edification-tutors and teachers in national new prisons can be clear. On this basis, the issue of personnel support in modern prisons gets extended discussion. The government of the Republic of China attached considerable importance to cultivation and training of prison personnel. Besides, the strategy of personnel reserve advocated, and the legal mind of"personnel training firstly, then a governing law"is still fresh now without losing referential significance.The sixth chapter combs upbringing system in modern young prison and house of correction. Juvenile delinquent has special physical and mental characteristics, and their treatment of execution should be different form adults. Young prison was product of system reform,and the creating itself revealed execution reformatory doctrine. The idea of modern youth correction was not only clear in prison law, but also obviously showed in special juvenile prison. Although the system of juvenile judicial protection in the Republic of China tended gradually to practice, the judicial authorities also had a grand plan of juvenile prison construction, but its factual scale was still limited. The bringing-up model in modern house of correction was also typical exhibition of juvenile reform. Reformatory merely belonged to reforming organization, and was a special educational institution similar to school. It was founded at first in the late Qing dynasty and early Republic of China, and became important site of security measure execution during the period of Nanjing National Government. In a narrow sense, the house of correction was set specifically for reformatory education of delinquent children, but some special training institutions were also named"reform". With the lemma of reformatory upbringing, modern young prison and house of correction became the first attempt of juvenile judicial protection.The seventh chapter conducts a whole analysis of reformatory education in modern prison. The reformatory education of execution began from reform of prison system in the late Qing. During the period of Beijing government, it was established and got customization, and to the period of Nanjing National government, it had been of a great development. However, the execution practice of prisons in the country had not as yet to achieve desired expectation, and there became apparent reflection between the ideal and the reality of reformatory education. It has to say that it was related to the influences: the prison system wasn't thoroughly improved, traditional culture blocked the execution, and the cumbrance of funding and war, particularly as well as the frequent deviation of contempt or negligent in the implementation of the prison law. Compared with prison practice, the concept of execution perhaps reflected the modernity and civilization much better. The inspection and supervision to modern prisons, the quantitative test standard of reformatory education, and practice of individual-oriented prison education showed the developed morphological degree, from the concepts and the penitentiary system. Seeing from nature terms,reformatory education is feasible, but there's also some limitations."Reform"is a great variety of words, which was living in the heart of penalty philosophy in modern society. The reformatory education in modern prison created a new era of Chinese execution mode. It belonged to social reform planning, which was for the purpose of promoting model, and it was a part of the mechanism of social modernization. For any kind of institutional innovation, the acceptance of ideas and concepts is former, the imitation of objects and institutions is later, and it is follow-up of the corresponding social culture finally, while the cultural lag often leads to many obstacles when the system is implemented, so this problem must be addressed in the process of prison modernization. For reformatory education of prison in modern China, giving rational and objective scan is beneficial to the propulsion of modern prison culture.