沈家本监狱改良思想分析-法律史专业论文.docxVIP

PAGE PAGE IV 引 引 言 Abstract Shen Jiaben is a pioneer of the jail reforming in the modern times. He introduced the western jail thought into China and then Chinese feudal jail systems were broken and modern ones were being built up gradually. Shin’s basic jail thought was the benevolence, its main idea was trying to turn somebody over a leaf by persuasion/education. His suggestions about jail amelioration in late Qing Dynasty had the guiding significance and a gauge sight from Chinese traditional feudal jail thought to the western jail thought. Shens jail thought had advanced idea of jail governing, who considered that the governing condition of the jail was a role about a countrys civilization and development. He insisted that persuasions or education should be adapted on the prisoners, and the jail officers must be trained by specialist. All of these above are now still very helpful to build up the modern civilization jail. There are four sections in this paper, in which the research about Shen’s jail amelioration thought was given. We discussed the background of Shen’s jail amelioration thought in first section. His main idea was that morals was always put in the guiding position. His thought was combined with ’benevolence’ after effected by the law thought of the Capital Class, and his jail amelioration thought was formed finally. In second section, the paper introduced the contents of Shen’s thought, in which he put forward that the crimes were different between adult and juvenile. For juvenile crime, persuasion were more important. In addition., he also advanced a series of the theories of jail amelioration, such as save country by amelioration, rebuilt up new style jail, training the jail officers, set a statistics system and a jail code. We will find out practice about Shen’s thought in late Qing dynasty. After legislation reformed combined with criminal law, criminal suite and judiciary, he created first jail code “Draft of Qing Dynasty jail code” and o