A Practical Study On The Concept Of Prison Education Punishment At The End Of Qing Dynasty And The Beginning Of The Republic Of China

The reform of the prison system in the late qing dynasty kicked off the modernization of Chinese prisons,it also opened up the process of the modernization of China's legal system,the implications are profound.In prison reform,the prison system,represented by the minister of the law,shen jia Ben,Open eyes to the world and look to the western countries and Japan,by taking a variety of methods,it has been widely used in the advanced country's prison management experience,for our use.Especially in the selection of the idea of execution,put the most advanced education penalty philosophy into the reform of the prison system.Thus,the effect of the program is realized.This is not just because education is becoming the mainstream execution philosophy of the west and Japan,Also,the theoretical progress of education penalty itself embodies the inner spirit of Chinese traditional culture.So that the two can integrate well.At the same time,the introduction and practice of education punishment have played an irreplaceable positive role in the transformation and development of Chinese prisons.Whether it's ideological enlightenment,or the design of the legislative system,finally,to the specific execution and management of many measures,all of them have been infiltrated by education.It can be said that the practice of education in the late qing dynasty not only affected the development of the prison,it also plays an important role in the development and pattern of post-world prison,and even promote the progress of social civilization.In the practice of prison reform and management,under the guidance and influence of education,the prison authorities and the wise men have absorbed and practiced education in a comprehensive way,from the macroscopic legislative level,the institutional level of the central view and the microcosmic execution level.In terms of macro legislation,the first prison law,the great qing prison law,carried out the education concept,and therefore affected the later prison legislation.As a template for subsequent prison legislation,the concept of education has been adopted in the legislative level.At the mesoscopic system level,the system of prison system in late qing dynasty and early qing dynasty basically completed the transformation from the feudal prison system to the modern prison system,many modern prison systems,such as commutation and parole,were introduced or established,gradually integrated into the world.At the microscopic level of execution,the prison at the end of the qing dynasty was more civilized and scientific in the concrete activities of execution,the protection of prisoners' human rights has been raised to a new level,and the construction and management of prisons has improved rapidly.Although,the Chinese prison in the late qing dynasty and early republic of China was able to achieve improvement through the east wind of The Time,thus introducing and practicing the education punishment philosophy.However,due to the turbulence of The Times and changes in the situation,the tension in prison system was not smooth.Can say,this makes the practice of education punishment doomed from the beginning,and will face many difficulties,as a result,it's not so good.Guiding the debate and inconsistency in the thought,the legislative idealism,institutional formalization and arbitrariness,the execution is not systematic and sophisticated,these shortcomings have greatly weakened the function of education.The education punishment concept failed to go into the minds of Chinese people comprehensively and did not have the expected effect on the practice level.In the introduction,this paper expounds the background and significance of the research,and reviews the research methods and methods.In the main body,in this paper,first of all,from the perspective of the prison system reform in the late qing dynasty,a brief overview of the improved before old prison execution status,this paper introduces the main content and essence of education punishment idea,and clarified the concept of education punishment in stages in the introduction of the late qing dynasty and early period of the process.Secondly,this paper elaborates the practice of education penalty concept in the legislative,institutional design and specific execution of the early republic of China.Finally,on the basis of summarizing the practice situation,this paper mainly analyzes the practice of education penalty from two aspects:progress and limitation.