On The Improvement Of The Prison, In The Late Qing

Final stage of Ching Dynasty (1840-1911) is a turning period for development of prison system of our country. The prologue to reforming Chinese traditional feudal prison system was opened under the influence of modern bourgeois progressive thoughts and theories. "Draft For Prison Law Of Ching Dynasty", the first independent prison code in Chinese history, has important meanings to prison development of China. The prison legislation and management system were directly inherited and developed by North-Ocean government and Kuomintang government.The article is divided into five parts. At the first part, I briefly review many characters of prison system in main historic periods. They are: 1 .antique prisons were used by governors to make oppression, and above all, to stand up for emperorship; 2.prisons in antique China were subordinate to administrative organs; 3.the development of prison system in antique China was conditioned by that of politics and economy; 4.unjust management system was persuited to assert slavery and feudal privileges; 5.on account of ruling of minorities and foreign invasion, deep nationalism permeated through the development of antique prison system of China. Secondly, I expound historic background of reformation of prison system in final stage of Ching Dynasty, including following contents: 1.prison system in final stage of Ching Dynasty continued rot and cruelty of feudal prison system; 2.following continuous loss of judicial sovereignty, the prison system of Ching Dynasty suffered serious pound; 3.the factors on thoughts that affected reformation of prison system in final stage of Ching Dynasty, including the thoughts on human rights in the west and their influence upon the rotten and cruel prison system; 4.to be adjusted to invasive need of capitalist great powers, Ching government regarded prison reformation as a chance to maintain long "peace" with the great powers. The third part is about the important transition on traditional prison thoughts of Ching, and serious challenges that the thoughts had to be confronted with. This part's contents are about that the thoughts on prison reformation formed, and that the bourgeois democratic revolutionists violently lashed out feudal prisons and judicial system. At the fourth part, I putemphasis on introducing Shen Jianben's thoughts and claim on prison reformation. Shen Jiaben was not only the presider at revision of laws, but also made great contribution to reforming prison system of Ching. At this part, I introduce the premise of his theories of prison reformation, his theory system and his claim. The last part is about Ching government's concrete practice of prison reformation, mainly including: 1.basic circumstances of prison reformation in modern west countries; 2.Ching government's practice of reformation on prison legislation; 3.tries at initiating new types of prison; 4.training and reserve of talent on prison management; 5.concise appraisal.