On The Legal Cultural Conflict Of Prison Reform In The Late Qing Dynasty

Exploring the roads of legal system for more than 100 years.,the Western legal system in China's acclimatized has been plaguing us.Conflicts,collisions and fusions between the law of the countries between the West and the East have become the focus of attention in the field of law.The reform of the prison in the late Qing Dynasty was an important historical turning point in the transformation of the prison.It was also the result of the collision of Chinese and Western civilization,which embodies the content of the conflict between Chinese and western legal culture.So the study of prison reform in the late Qing Dynasty has become the scope of this topic.Although the important historical phenomenon of prison reform in the late Qing Dynasty had many studies and was rich in history,there is not much concern in the legal profession for the prison system.Objectively speaking,as a historical phenomenon in which Chinese and Western civilizations begin to collide,prison reform is not only a political event,but also a legal event.Law scholars should conduct legal analysis.This paper attempts to make up for this shortcoming,putting the prison reform of historian study for many years into the field of jurisprudence to conduct an analysis so as to broaden the field of prison reform research.In recent years,the legal profession has developed a "legal culture" hot,to analyze the relevant legal issues with the cultural method.I try to combine the research status quo of historiography and law research and use the perspective of "legal culture" to cut into the study of prison reform in the late Qing Dynasty.As the law has the characteristics such as respecting for the objective,seeking precision and not being influenced by political ideology,the late Qing Dynasty prison reform "legal culture" analysis should be able to more accurately understand the truth of prison reform and to profound grasp the reason of historical events,which can make people more objective,more realistic view of the past history.This paper consists of three parts: introduction,text and conclusion.The introduction introduces the background and the early exploration of the prison reform in the late Qing Dynasty.,that is to say.,briefly introduces the special historical background of the reform in the late Qing Dynasty so that the latter analysis can be based on specific social conditions.This part is divided into two sections.,namely.,"the background of prison reform in the late Qing Dynasty".,"the early exploration of prison reform in the late Qing Dynasty".,and focusing on the study of the Western prison system and the formation of modern prison ideology.The text of this article is discussed including the four aspects of the prison reform whichcan reflect the conflicts,and make type induction and interpretation for the four aspects of the conflict point.The second chapter compares the conflicts between Chinese and Western legal culture from the angle of execution concept,which embodies the conflicts between "deterrence" and "education",and discusses the transformation of execution concept in the late Qing Dynasty.In the third chapter,the author compares the conflicts between Chinese and western legal culture from the perspective of prison regulations,and draws out the characteristics of "chaos and chaos" in China's prison regulations and the characteristics of "systematic integrity" of the Western countries.Under this conflict,discussing the prison legislation reform in the late Qing Dynasty.The fourth chapter analyzes the conflicts between Chinese and western legal culture from the angle of prison construction and management,and points out that the construction and management of prison in our country are characterized by "guarding the guard" and the construction and management of prisons in Western countries are "enlightening".Under this conflict,the late Qing Dynasty reform will also include prison construction and management.The fifth chapter compares the conflicts between Chinese and Western legal culture from the perspective of prison officials,and draws out the status quo of "lack of expertise" for prison officials in China and the feature of "scientific selection" of the Western countries.Under this conflict,China had carried out the reform of prison officials and begun to pay attention to prison personnel training.These aspects are embodied in the differences between Chinese and Western legal culture.It is this heterogeneous or even opposing legal culture led to the reform beginning.The sixth chapter summarizes the specific conflict points from the second chapter to the fifth chapter.First of all.,classifying the cultural conflict points produced in the prison reform between China and the Western.,and then briefly explain these types of legal.The legal cultural conflicts in the late Qing Dynasty were specifically summed up into three pairs of legal types: the law of privileged and the law of equality.,the law of power and the law of right.,the reasonable law and the normative law.and make a briefly legal interpretation for each pair of laws type.Through these types' induction and interpretation.,attempting to rationalize the legal cultural characteristics behind the prison reform.In the part of the conclusion.,through the analysis.,induction and explanation of the conflict of legal culture.,the author draws the fundamental reason for the slow development of prison construction in our country.In order to develop our country's prisons.,we must change the dross thoughts left by our country for more than five thousand years through subtle ways.Of course.,we must carry out fine traditional culture and properly study theadvanced system of the West in order to fundamentally change China 's prison situation.This paper does not directly discuss the prison reform according to the previous ideas.,but analysis of the conflict in the process of reform with the perspective of legal culture.And classifying the conflict.,induction and other arguments.The shortcomings of this study are that the collection of modern western prison data are rather limited.,so that just referring to the reform of Japan and American when demonstrate the reform of the western prison system.,and it is not very detailed.So I think the Western modern prison system needs further excavation.