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Prison Reformation Of The Republic Of China Rear Area During The Anti-Japanese War

Posted on:2013-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:K ChenFull Text:PDF
GTID:2256330395488164Subject:Legal History
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This paper is entitled prison reformation of the Republic of china rear area duringthe anti-Japanese war. the period of anti-Japanese war started from the breaking ofthe war in1937to1945when Japanese militarism’s unconditional surrender; territorialrestrictions: rear area means the vast areas far away from warfront, and it revolvesaround Sichuan and Chongqing. After the breaking of the war, KuomintangGovernment made some adjustment on the operation of prison system in order tomeet the demand of the war, the main methods relied on working out regulations,issuing orders of enforcement,. The paper can be summarized into the following parts:Background: by a brief description of anti-Japanese war, the paper introduce us thebackground of the prison reformation and at the same time, illustrating the imperativeof the reformation in prison system. We can consider that meeting the wartimerequirement is the specialty of this reformation, but if we trace back to its history, wecould find that the prison system reformation of late Qing dynasty have somesimilarities to this one. The key similarity is the historical mission of saving the nation.The difference lies on that the threat of late Qing dynasty came from western powersand Japan’s partition torrent whereas the reformation (during the republic of china) isabout the destruction of chinese nation by Japanese. Abolishing the ConsularJurisdiction is always the mission of Chinese politicians, no matter in late Qingdynasty or the Republic of China. Western powers slandered china because of thedifference between Chinese law and western law; therefore, they believed it is ajustification to get the Consular Jurisdiction from china. The prison reformation oflate Qing dynasty and anti-Japanese war are the vivid example to illustrate theinfluence of Eastward spread of western culture during which, western culture have agiant impact on our traditional culture, and our Chinese identified and received themgradually and even implement some of the western institutions. Practice: this reformation was under the guidance of legislation, most concretemeasures of which were along with the track of legal system, so this paper hasdiscussed lots of prison legislation in the wartime. There are three parts to illustratethe concrete measures of reformation. First of all, the innovation in living and hygiene,including the prisoners’ bedding and clothing equipment, lodging arrangement andmedical and so forth. The second part is about supervision of prisoners. It can bedivided into inner prison supervision and outer prison supervision. To simplify thisproblem, we’ll take the outer prison supervision in Pingwu, Sichuan province as anexample. The supervisors exiled prisoners to somewhere remote and undeveloped toengage in farm work and animal husbandry. On the one hand, the method can executethe punishment; on the other hand, it is quite significant and valuable to meet the needof warfront. Outer prisoner supervision is creative. It reflected the character ofwartime. The last part is asking the prisoners to take part in military service. It is themost directly way to combat with our enemy. In this way, we can reduce the jailtension, provide force for the battle, and most importantly content the prisoners tosafeguarding homeland.In conclusion, we refer to two sentences to illustrate the deficiencies of thisreformation and analyze its reasons simply: the unstably situation, financialembarrassment and our traditional culture’s exclusion of western civilization. In thefollowing, we acknowledge the positive respect of this reform, that is: it did make agreat contribution to the anti-Japanese war; it enriched and consummated prisonlegislation system of the Republic of china; it is a practice of modern westernexecution theory, in which the universal values of respecting people is significant andinfluence the modern society.
Keywords/Search Tags:Anti-Japanese war, Rear area, Prison reformation, Prison system
PDF Full Text Request
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