Study On The Influence Of Shen Jiaben's Human Rights Thought On The Prison Reform In The Late Qing Dynasty

Shen Jiaben is not only a scholar who has a profound study of Chinese traditional law, a feudal official, but also a minister who actively promoted the reform and reform of the late Qing dynasty. He also introduced the reform of prison academics in China. In this reform, shen play an important role and has a pivotal position. During the work of the Ministry of Punishments, not only the study of ancient Chinese historical materials, but also on the Western bourgeois human rights ideology and theory also conducted in-depth study, forming his traditional humanitarian thought and Western human rights in a humanist view of human rights, and the concept of human rights was implemented in the judicial reform of the late Qing Dynasty, including prison reform.Shen Jiaben's human rights thought is based on the theory of humanism, which is based on the view of "life should be respected, personality should be respected". As the main content of the concept of human rights of crime liberalism. Shen Jiaben as a pioneer on the human rights issue, plot ten years of work, abstract human rights ideas embodied in the various laws and systems. Shen Jiaben believed that "prison is the most important internal and external diplomatic move" . Shen focused in the prison reform ,he did lots of things in the prison legislation, institutional setting and prison system to implement the principles of human rights protection. In Legislation field, he wrote "the Ministry of the memorial service to implement improved prison folding" to ensure the prison reform began, and the development of "Qing Prison Law Draft" for future generations of prison legislation blueprint; In the field of setting institution, Shen Jiaben advocated the construction of model new prison and juvenile supervision, The reformatory school,Kojirojiro's advanced theory of jail and Shen Jiaben's concept of human rights are all embodied therein. In prison system side, mainly to cultivate professional prison officials attach importance to the implementation of the abolition of torture from the root to protect human rights in both aspects of Shen Jiaben reflects the positive impact of human rights.From the perspective of the static results, the movement of the law of the late Qing dynasty was a failure. Shen Jiaben had to take into account the interests of the rulers and left the tail for feudalism. In the late Qing dynasty, the utilitarian reform of the government was unstable and lacking of staying power. Shen Jiaben's human rights thought was confined to this reformed movement and failed to save the Qing dynasty,which was about to emerge. But from the dynamic point of view, after the demise of the Qing Dynasty, the Beiyang Government, the Nanjing Government, the new Chinese Goverment on the stage of history, the Beiyang Government to build the new model of the late acceptance of the prison, "Qing Prison Law Draft" has been intact, human rights thinking already enjoys popular support. The reform of the prison in the late Qing did not seem to change everything, the only change is that the Qing Dynasty has ceased to exist. It would appear that the efforts made by Shen Jiaben and others in the reform of the late Qing period were not in vain, and its influence is far-reaching.Through the research on the influence of Shen Jiaben's human rights thoughts on the prison reform in the late Qing Dynasty, we could draw some inspiration to our modern human rights legal system and prison construction: First, the implementation of independent prison management can better protect the human rights of prisoners.Second, human rights legislation can not be abolished and should be improved over time. Third, we should further improve the prison layout, ensure human rights of prisoners been protected from the basic conditions. Fourth, penetration principle should be inherited,for now is to promote the socialization of execution. Fifth, Whether laws or regulations are good or not, depents on how we implement it, so implementation and quality of the implementation of personnel should be concerned. Finally,comprehensive protection of human rights of prisoners, should also include protecting the human rights which reflect after the release.