A Study On The Modern Execution Mechanism Infiltration Of Buddhism

In the modern society with rule of law,the responsibility doctrine of criminal law occupies the dominantposition both in theory and practice.The intention of retribution from crime is to deliver that the secular society's denialof the criminal behavior and to make the national penalty power reasonably run,from which the sociologist Foucault was keenly aware of the change from the function ofpenalty.He considered the anti-torture-led penalty mechanism changed from corporal punishment to crusading soul at the same time.It is quite a distinctive and subversive view.Introducing religion to execution,especially concentrating on crusading soul,results from observation out of law as well as study beyond criminal penalty system.Its intention is to reduce penalty's negative effect and to promote crime prevention in virtue of religious culture rather than reconstruct existing penalty system.But there are certain worries when the existing criminal penalty system opens to Buddhism.Firstly,materialism and the theory of origin have differences in the world origin.Introducing Buddhism to execution perhaps leads to ideology disorder.Secondly,mercy in Buddhism contrasts the oppression nature of criminal law which leads to the denial of the latter.Thirdly,the nature of the pain of the criminal penalty together with the bloody memory of the unification of the state and the church in Europe are double compression to individuals converted to Buddhism.However,both materialism law and Buddhist doctrine are people-oriented.On the one hand,criminal law protects the innocent and the criminal which has the opposite-unity relation.On the other hand,religion and law speeds up prison revolution.These two points response above-mentioned questions to some degree.Not to mention that governing a nation by law is the consensus of the international community.The right-based legal construction and the people-oriented system operation is the authoritative discourse of in China's national administration.The deep ideological foundation of the rule of law as well as the inclusiveness and self-sufficiency of law system are to give people the confidence in ideal and system.In ancient and modern eastern and western,Buddhism cares for the spiritual needs of the criminals and restrain the evil in life with Buddhist beliefs,provides social support and material help to the criminals as well as repair the social relations between the criminal and the victim.Systematical hard power in legal system make room for religious as soft power which does not turn to the God but an indispensable part of the human's self-salvationand improvement program.This thesis introduces caring rooted in Buddhism to the historical origin and real demand of execution from the perspective of execution condition in Chinese prisons,analyses mutual values in religious doctrine and legal spirit in virtue of Chinese traditional cultural education,envisages the indescribable emotional demands of the ordinary people,including the helpless situation of the criminal,acknowledges the resonance in the criminal and Buddhist doctrine as well as studies and judges the role Buddhism plays in the execution mechanism in order to complement and improve the theory and practice of execution in modern prison.The thesis has 210 thousand words totally.The main body consists of seven chapters as follows:Introduction:Rights-based legal construction and people-oriented system operation could not and must not ignore the basic physical and spiritual needs of the criminal as a social person.In the case of an alternative person in the face of adversity,the meaning of spiritual comfort and relief in Buddhist salvation is not limited to the teaching.Mercy helps the criminal to get away from spiritual confusion and emptiness which is the most humane choice when execution system starts.Before the discussion of the introducing Buddhism to execution system,clarifying concerning legal provisions and operation space of Buddhist to make sure that the discussion is within laws,consisting with prison management laws and national policies towards religion and nationality.Combining the party's policy and law provisions,the thesis studies "religious freedom ",religious policy in prisons and the Ministry of Justice affirmed " the active role of religion in the construction of prison culture " in detail,comparing the Buddhist teaching and Taiwan Prison Education System.Finally,this thesis endorses that people should make use of Buddhist positive resources in terms of the cultural and social attributes of religion to care and educate prisoners.Chapter one re-presents the religious salvation scene from the perspective of change of the history of punishment which has disappeared in the Chinese mainland prison for half-century.It also makes analysis of the mutual understanding and choice between save and salvation of law and religion and discusses the theoretical and practical value contained in the change of "criminal" to "prisoner" from the crime and criminal's ultimate development.Penalty is the most coercive and flexible punishment and the multidisciplinary,multidimensionalmechanism with broad vision and practical possibilities.As a result,penaltyis supposed to use available institutional and non-institutional resources to prevent crime.Based on solving cultural conflict in prison,this chapter analyzes the introduction of Buddhism can make up secular law's shortcomings effectively and the rational coherence point of religion and penalty which means the Chinese Buddhism and the execution mechanism have deep traces of scientificity,philosophy,ethicality and go-into-sociaty from the point view of educational penalty.In the second chapter,the author probes into causes of crimes such as origins of crime and sin,functions of will and evil,as well as compares differences in concept and explanation mechanism.The author also researches reasons of penalty in virtue of deconstruction of penalty inside and analyzes the mutual values of "there is no penalty in criminal sentence" within Hegel's "nothingness of crime" and Buddhism's "everything is empty".Moreover,the author presents the goal of in virtue of many methods including Buddhism to remould criminals by objectively analyzing elements of crime together with the nature,essence and evolution history of penalty.Chapter three contains the discussion of the criminal's changes of physical and mental caused by the negative effects of external feelings,internal situation,inner feelings when he is in prison as well as depth discussion of the formation of prison subculture's causes and effects through the analysis of the prisoners caged physically and spiritually who are viewed as social scumbag.The author analyzes the duality and extremism of individual ideas and behaviors under the surveillance and calls for real concern about the spiritual needs of the criminals which means the basic intention of human being,facing up to their desire for life and happiness to promote the merge of criminal's ego and dissidence and the collapse of the evil and sin.Chapter four discusses basic principles of prison correction such as correction values under aim penalty and cleaning the criminal's personality.The discussion of offset of penalty effect by good motivation and good ways is concluded in this chapter as well.The author considers that law should upgrade conscience by mental-influenced methods.Moreover,it talks about that Buddhism helps the criminal to give up crimes,to soften penalty's negative effects and pain and to confess through combing Buddhism doctrine.By contrast,it is found that there is inter-community between Buddhism doctrineand penalty correction principles.The former can serve as a supplement to penalty's effects as well as a sufficient theoretical basis for caparisoning.Chapter five by analyzing prison correction applications such as labor correction,education correction and psychology remedy and their problems in chapter five,the author advocates the way to influence the criminal from outside to inner which is an important supplement to extrinsic behavior-correction law.Through the practice of Buddhism in the Greater China region,and the comparison with the Christian teachings,it is clear that the Buddhism is suitable for the flexible forces used in the execution of the prison.Buddhism calls for kindness rather than evil complementing criminal law's liability.In this way,the function of law and religion has a considerable degree of fit.In more detail,to improve the criminal's conditions and calm his mood,the author presents that meditation can be a supplement to penalty correction,including providing special Buddhism care for prisoners under sentence of death,putting a serene end to their life due to the mercy of Buddhism.Chapter sixth analyzes the universality of human rights and the protection of personal legal status from the perspective of law on the rights of the inmates.And it is reasonable and feasible to penetrate the protection of the rights of the criminals.Especially in the case of the insufficient legal protection of the rights of the prisoner,the inner cultivation of people is inferred by the emotional interpretation or behavior that meansthe impact of rigid system on human is limited,not to mention the ideainstillation.So we can use the universal ethical care of Buddhism to assist and supplement social execution mechanism,reversing the disorder of rights and the reality conditions through the specific practice of social care as well as to expand the protection of national rights in virtue of positive social resources of Buddhism.Buddhism groups and Buddhists can not only give the prisoners life education,but also in a variety of ways to relieve the criminal and the families of to solve their practical difficulties,to enhance the soul of the criminal,to promote the construction of the right to appeal as well as to repair social relations between thecriminal and their families,victims and communities that are undermined by crime.Chapter seven talking about execution system needs culture including Buddhism culture.And the key issue is reasonable interaction of Buddhism and norms.The seventh chapter discusses the relationship between the penalty and Buddhism from the applicability of Buddhist teachings and care,the current correction mode of convergence,the paranoid limit,the rule of law under the formal social control mechanism so as to use the cultural resources and social resources of Buddhism to help the criminals to become kind and give them spiritual care and social assistance.Meanwhile this chapter summarizes the advantages ofBuddhists to help the criminals,respond to questions based on religious misunderstanding,remove the obstacles to the Buddhist because of misunderstandings,and prospects the path of Buddhism infiltrating the execution mechanism under the concept of rule of law and social coexistence.