The Administration Of The Ministry Of Punishment In Qing Dynasty:the Contradiction Between Legal Texts And Practice

A legal text is a type of text,including laws formulated by the legislature,administrative regulations and rules formulated by the government,administrative law enforcement documents,and court-ruled texts,etc.,which are normative and authoritative.The practice of prison administration is a special activity in which prison institutions and prison staff use law to handle cases in accordance with statutory functions and procedures.As the central prison of the Qing Dynasty,the Criminal Department Prison in the Qing Dynasty mainly detains death row prisoners and re-offenders in trials in other provinces and Beijing.The legal texts and practices reflected in the prison administration are representative and typical.On the basis of the previous research results,a detailed study is made on the legal texts and practical deviations reflected in the prison administration of the Qing Ministry of Criminal Affairs in order to reflect on possible problems in modern prison administration from the loopholes and disadvantages of ancient prison administration.Provide historical mirror for modern prison governance.The dynamic comparative study of legal texts and the practice of prison administration reflects the problems existing in the process of prison administration.The legal texts enacted in the Qing Dynasty were mainly used to safeguard the interests of the ruling class and maintain social stability.The practice of prison administration depicts the implementation of legal texts from a practical perspective.The records of the prison management regulations in the legal text are scattered in the "Law of the Qing Dynasty","The Code of the Qing Dynasty","Regulations","Autumn Trial Regulations","The Regulations on Lifting Prison";Zhao Shu,the principal of the Ministry of Penalty during the Qing Dynasty Qiao collects and organizes books on prison management,"Preparing for the Prison",and "Zeng Xintibao's Notes" by Bai Zengzheng of the Qing Dynasty,which also describe the affairs of the North and South Prisons of the Central Ministry of Prisons,including the treatment of prisoners,prison detention,recording Prisoners and prisoners,prison officers and prison guards.The research on the practice of prison is based on a lot of historical data.Fang Bao,a literati in Qing Dynasty,was imprisoned in the prison of the Ministry of Criminal Affairs because of his prison.His book "Miscellaneous in Prison" is themost typical and describes what he saw,heard,Feelings;in actual implementation,there are prisons that are “invoked to heaven” because of natural disasters,extrajudicial non-sentences because of recidivism,and prisoners escaping because of jail,and prisoners are rampant and fearful in prison Things like suicide,etc.,are often reflected in Zhu Ping's memorial.The book "Taking Precautions" also records the prisoner's real life,the harsh environment of imprisonment,illegal prison,abuse of punishment,and inferior status of prisoners.With the mastery of the right to harm,he demanded bribes.It provided a reference for the actual implementation of the Ministry of Criminal Prisons at that time.In the process of transforming from a static legal text to a dynamic prison practice,the legal provisions of the Ministry of Criminal Justice will always be implemented in practice.Poor enforcement of officials,lack of central finances,lack of effective supervision mechanisms,and the view that power is stronger than law It leads to the deviation between legal text and practice.In the modern prison governance process,we should learn from it,improve the fair and just guarantee system of the rule of law,respect and reform criminals,improve the power allocation and supervision and restriction mechanism,and constantly strengthen its political theory,legal literacy,and management level to form high quality The prison law enforcement group ensures the scientific and civilized prison rule of law,implements in the great project of transforming,educating prisoners and promoting harmonious social progress,and makes every effort to eliminate the deviation between legal texts and prison governance practices.