A Study Of Shen Jiaben 's Humanitarian Thought

Shen Jiaben was a great thinker of the Qing Dynasty, Qing dominated the reform and revision of the criminal law. Penalty Humanist Thought of Shen is under the rule of the Qing Dynasty precarious, and in order to recover the extraterritorial background trend of the times and produced. This paper describes the background of the penalty humanitarianism thought Shen generated positive thinking concepts and ideas and inspiration origin, the core ideology and the Idea of aspects。Criminal Legal Thought Shen rich content, most notably when the penalties humanitarian Thought belong. Qing Dynasty, the Great Qing Dynasty legal system is like an old rusty ship, and the West equal penalties and other humanitarian ideas and culture spread as if the lubricating oil is generally moist already dying, about to scrap the ship of the Qing government. Shen and a number of advanced intellectuals have long dip in the atmosphere of the penalty humanistic thought, the formation of his thoughts for the future laid a good foundation, but Shen is also a familiar legal system at all times everyone, he studied Chinese dynasties of ancient "Penal Chronicles test" is his punishment for humane research, providing detailed historical support. Some people Qing Shen contemporaries before the constant pursuit of true for large Qing road, hoping the Qing government from wealthy and powerful, no longer behind the beating. Study and emulate the West during the penalty humanitarianism thought Shen also began to sprout and gradually formed.Penalty Humanist Thought Shen rich concept, origin The main idea is inseparable from China’s traditional policy of benevolence and Confucianism, Confucius and Mencius doctrine and benevolent love, torture, repression against the people of Confucian ideas constitute an important source of punishment humanitarian thought, at the same time Shen believes Japan to learn a foreign law, a person from a small island that is bullying became the Asian powers, under the present circumstances Shen comprehensive comparison to emulate the Japanese legal system, the study of Western punishment humanitarian spirit. From Western human rights to equality and freedom Beccaria’s entire theory.Shen penalty core of humanistic thought include: the abolition of tyrannical punishment, torture setups highlight humanitarian character limit torture, the death penalty system, and so perfect. The core of Shen penalty humanistic thought first about the abolition of torture and expand, the ancient Chinese torture tricks dazzling. Shen first abolished slicing, etc. make up to three foreign criticism of torture, then from a humanitarian standpoint that the implementation of the means of punishment should not be so cruel. From the perspective of punishment in terms of seed set, Shen cane punishment abolished, it will dominate the Qing Dynasty five penalty system to change the imprisonment and banishment to become imprisoned freedom-based punishment of imprisonment and life imprisonment since the Sui and Tang dynasties. Shen abhorrence for torture, thought it a serious violation of the humanitarian, but also that if you do not limit torture to extract confessions will cause the phenomenon. Meanwhile Shen although not in favor of abolishing the death penalty, but he is in favor of limiting the scope of the death penalty, execution venues and other issues concern the death penalty reveals the punishment humanitarian light.Penalty Humanist Thought Shen both to promote the vigorous development of China’s human rights cause in modern times, but also to promote judicial reform in modern China, the Chinese contemporary legal migration is also a great reference.