The Study On The Contemporary Transfer Of The Prisons In China

In the atmosphere of Wu Xu Reform,the government of late Qing Dynasty began to modify laws and gradually made some improvements in prison administration.Specific measures were improvement of the prison system,the compilation of the Draft of Prison Law of the Qing Dynasty,the cultivation of talents of prison administration and so on.Even though some of the measures had not been put into practice due to the overthrow of the Qing Dynasty,they were adopted by the Beiyang Government and the Kuomintang Government.Therefore,the modification of laws and improvement of the prison system were progressive from the point view of the history in terms of the transformation of the prisons of modern China.We choose this subject as the theme of this thesis in order to confirm the existence of the important events and analyze the enlightments of prison theories of the foreign states as well as their prison legislation.The thesis details in the prison administration and the corresponding improvement measures from the end of Qing Dynasty to the Nanking Kuomintang Government.lt analyses the issue of prison administration from the perspective of the history and digs out the elements in common.These elements can be contrasted with the practices being implemented today and the new findings can be used to better serve the management of the modern and harmonious prisons in China.The Xia Dynasty is the first state of classes society in the history of China.The historical data records that the prison of the Xia Dynasty was the earliest state prison in the history of China.The prison at that time had a few names like "Huantu","Xiatai"and "Juntai".The prison of the Shang Dynasty has the same name as the one in the Xia Dynasty and it was also called "Huantu".In addition,the prison of the Shang Dynasty was also called "Li" in some ancient literature,namely "Jiuli".The prison in the Western Zhou Dynasty was called "Lingyu" while it was called "Yu" from the Han Dynasty to the Yuan Dynasty.It was called "Jian" in the Ming Dynasty,which is an important change in the name of prison in the history of China.Starting from the Qing Dynasty,"Jian" and "Yu" were combined together and "Jianyu" was used as a whole word to indicate prison."Jianyu" has become a fixed word since then and it has been used till today to indicate prison.The Qing Dynasty was not only the determinator of the name of the prison,it also reached the peak in terms of the management system of prisons It is the general rule in the world that things will develop in the opposite direction when they reach the extreme end.The Qing Dynasty was the last dynasty of the feudal society.It came to a full stop after the prison administration of the feudal society had run along for two thousand years in the history of China.On one side,the prison administration of the Qing Dynasty was rather mature.On the other side,the darkness,decadence and brutality of the administration had also reached the extreme.During the Political Reform of the late Qing Dynasty,the improvement in the prison administration bore the brunt of the event,which was caused by the coactions of the internal factors and the external factors at that time of the history.The prison administration refers to the jobs and tasks in relation to the administration of justice conducted by the governing body of prisons in China when they execute the punishment of prisoners or rehabilitate prisoners.Looking from the angle of prison administration,the thesis narrates in great details the prison revamping and the improvement in prison administration at the end of the Qing Dynasty.It also touches on the improvement in the prison administration during the Beiyang Government and the improvement measures in the prison administration during the Nanking Kuomintang Government.The common features derived from the age-old practices,coupled with the advanced concepts from the western world,can be fine-tuned to better serve us in the better management of the modern prisons today.The prison called "Tilanqiao" in Shanghai at the end of the Qing Dynasty records that westerners set up some prisons in Shanghai at that time while a book named<Gengxin Jail Notes>also makes mention of the data about the prisons set up by westerners.<Gengxin Jail Notes>records how the Eight-Power Allied Forces made influence on the prisons at that time in China,which was kind of history of humiliation and also was kind of arbitrary interence with our internal issues and trampling on the sovereignty of China.A new page turned over in the history,the Chinese people are the masters of China.And now,we are studying the advanced concepts and experiences of the western countries in prison administration in order to learn from and make best use of their good practices,which is something for the leaders working in prisons and researchers in prison administration to be thankful for.Social existence determines ideology while economic base determines superstructure.The prison system as a ruling tool of the state will surely be restricted by the level of the development of productive forces.It spans 100 years if we count from<The Draft Law of Prisons of the Qing Dynasty>to the promulgation of the Law of Prisons of the People's Republic of China on the 29th of December in 1949,till today.The prison system of China has weathered 100 years of ups and downs.Looing backward,we can take the history as a mirror and make best use of the best practices.We are expecting a new Law of Prisons which can caters for the evolving requirements of the new era and all the leaders of prisons and researchers of prison administration are looking forward to it."We wish prisons be rampant with weeds and no one commit crime ever since"This is a good wish from the leaders of prisons.This being realized,it will be our great contribution to the harmonious society.This is the lifelong goal of both the workers in prisons and researchers on prison administration.