近代中国监狱的感化教育研究

发布时间：2018-07-05 18:46

本文选题：民国 + 监狱制度　；参考：《华东政法大学》2010年博士论文

【摘要】： 如同中国法制的近现代化是“西学东渐”一样,监狱行刑制度的近现代转型很大程度上也是西方行刑文化移植的结果。在全新的行刑思潮的引领下,身体刑向自由刑的移位、教育刑对威慑刑的颠覆成为近代监狱行刑变革最突出的表征。这场触及刑罚灵魂的深刻变革标志着中国传统行刑体系的解体和现代行刑模式的确立。无论民国北京政府时期还是南京国民政府时期的监狱行刑,都不同程度地继承和扬弃着清末行刑变革的成果,行刑感化主义从理论和实践上都保持了较好的延续性,并基本奠定了现代监狱教育的主体格调。梳理和研究近代监狱的感化教育,不仅可为中国监狱的现代化进程提供历史的座标,即便对当代监狱教育亦不乏启迪。论文共分为导论、主文和结语三大部分,其中主文包括七章内容。导论部分界定了有关概念的理解及用意。之所以将近代监狱行刑定位于“感化教育”,是因为“感化”凸显了近代狱制的典型特征。从晚清官员的游历记述,到民国监狱学的昌盛,再到感化教育的专门研究,行刑感化教育在近代的学术价值逐步彰显。而现代学界对这一问题的研究仍多半包容在监狱史学之中,国内尚未见有专门而系统的研究。第一章在回顾中国古代行刑特点的基础上,重点论述了清末监狱行刑方式的转型。在报复刑与威慑刑的主导下,古代监狱旨在苦辱与惩戒。尽管古代行刑不乏礼义教化,也出现过圜土制或耻辱刑的感化悔过观,但其绝非古代刑狱的全貌。近代监狱改良是在西方行刑观的冲击下被迫启动的,刑罚近代化与治外法权成为狱制革新的重要动因,随之而来的则是监狱行刑在观念、机构、立法、管理及狱吏等领域的一系列转型。民国以后,教育刑思潮成为引领行刑变革的主流,这一时期的治狱理念受西方行刑学的影响更深刻、更持久,监狱行刑宗旨不仅仅出于保护社会的需要,其着眼点更是放在罪犯矫治上。本章还从社会学、人性论、犯因性的视角论证了监狱感化教育的哲学基础。第二章考察了近代监狱的作业制度。近代监狱的行刑感化典型地体现在劳役、教诲和教育三方面。作业劳役旨在授以监犯职业技能,不仅可预防再犯,强健身心,而且有道德改化的功用,因而其成为监狱立法的重要内容。监狱作业是近代教育刑的衍生,其作为感化教育的重要手段,与古代囚徒的强制苦役不可同日而语。到南京国民政府时期,还出现了外役监及移垦作业。鉴于旧监作业不力,司法当局曾颁布大量法令予以督饬。在抗战时,作业生产的功能被有意放大,并被要求配合军需。监狱作业虽几经厉行强化,但其开办规模与成绩仍未达到官方预期。除运营不善及经费不足等因素外,作业法令的执行不力亦是重要原因。近代监犯劳役与其说是促其感化,不如说更注重作业的经济收益,由此不免背离了作业制度的初衷。第三章阐析了近代监狱的教诲制度。监狱教诲即道德教育,是近代教育刑的显著表征。事实上,教化分为教诲与教育,教诲着重于道德熏陶,教育则着重于知识灌输。民国监狱的基本立法优先确立了教诲原则,教诲往往比教育更受重视。在司法训令的整饬下,监狱教诲渐渐步入正轨,也多少显现出一定实效。不过,教诲多集中在新监实施,旧监所大多因陋就简,教诲几成空谈。值得一提的是,近代监狱的宗教教诲是一股很强势的力量。近代司法当局确信宗教改悔的作用,通过监狱法令赋予囚犯一定限度的宗教信仰自由。然而,与其说是突出宗教教诲的感化功效,不如说是藉此为囚犯寻求一种虚幻的精神寄托,而使之安心服法。尽管近代监狱的教诲观念已固定化,且注重个别教诲,却仍难以回避覆盖面狭窄、法令执行不畅以及教诲方法本身的弊病。第四章讨论了近代监狱的教育问题。监狱教育对行刑感化不可或缺。智育与德育皆为教养要素,教诲与教育其名虽异,却相辅相成。监狱教育具有犯罪预防与矫治的双重功效,既可视为一种特殊的民众教育,又相当于学校教育的延伸与补充。近代监狱教育的内容较为广泛,教育时间、科目、教材、方法及考核等构成了监狱教育制度的主体。近代监狱法令赋予囚犯一定的阅书自由,并明令监狱附设图书馆,有的监狱还发行了出版物,这对感化教育起到了很大的辅助作用。一些训令的出台充实了监狱教育,囚犯教育不仅限于普通监狱,还扩展到了军人监、外役监及看守所,并呈现出注重党义和军事训练的特点。到民国后期,监狱教育的理念已比较成熟,部分监狱的教育凸显出一定成效,但监狱教育仍存在法令不遵、普及率低、经费受限等问题。第五章阐述了近代监狱的师资制度,主要分析了教诲师与教师的选任资格、职责与考核、督导与配置等问题。在近代监狱中,教诲与教育师资的匮乏始终是一个棘手的难题。尽管司法当局三令五申要求改善师资,事实上却心有余而力不足。随着感化教育的日益重视,教诲师与教师的地位有所提高。从狱吏的官等和薪俸看,教诲师的地位始终要优于教师。由于教诲师与教师联系极为密切,本章从师资编配、年龄分布、薪俸待遇、资历及工作报表五个方面对教诲师与教师进行了比较,以明晰全国新监教诲师与教师的实际工作状态。在此基础上,引申论述了近代监狱的人才支持问题。民国政府相当重视监狱人才的培养与训练,其倡行的人才储备策略以及“有治人而后有治法”的法理思维至今犹不失借鉴意义。第六章梳理了近代少年监与感化院的教养制度。少年犯有特殊的身心特点,其行刑处遇有别于成年犯。少年监是狱制改革的产物,其创设本身即是行刑感化主义的外显。近代少年感化的理念不仅明确载入监狱立法,而且突出地表现在专门少年监中。尽管民国时期少年司法保护逐渐由制度趋向实践,司法当局亦有少年监建设的宏伟规划,但其实际开办规模仍属有限。近代感化院的教养模式同样是少年感化的典型体现。感化院纯系感化组织,是一种类似学校的特殊教化机构,其初创于清末民初,至南京国民政府时期成为重要的保安处分执行处所。在狭义上,感化院专门针对不良少年的感化教育而设,但一些特殊的教养机构也冠以“感化”之名。以感化教养为宗旨的近代少年监与感化院,成为少年司法保护的最早尝试。第七章是对近代监狱感化教育的整体评析。行刑感化教育始于清末狱制变革,在民国北京政府时期确立与定制,至南京国民政府时期得到极大发展。然而,全国监狱的行刑实践却始终未达到理想预期,感化教育的理想与现实呈现明显反照。这不能不说与狱制改良的不彻底性、传统行刑文化的阻滞、经费及战乱的拖累,尤其是监狱法令的执行偏差以及屡见不鲜的藐视或玩忽法令有关。与监狱实践相比,行刑理念或许更能体现出现代性和文明性。近代监所的视察监督、感化检验的定量标准以及监狱教育的个别化等表明了感化教育在观念与制度形态上的发达程度。从本质上看,监狱感化教育是可行的,不过其也存在一定的局限性。 “感化”这个变化多端的字眼,在近代中国居于刑罚哲学的核心。近代监狱的感化教育,开创了中国行刑模式的新纪元。它隶属于以促进典范为目的的社会改良规划,是社会现代化机制的一部分。任何一种制度的革新都是思想和观念的接受在前,器物和制度的仿行其后,最后才是社会文化的相应跟进,而文化的滞后往往导致制度推行的重重阻力,这是监狱现代化必须正视的问题。对近代中国监狱的感化教育给予理性和客观的审视,有助于推进现代的监狱文化。
[Abstract]:Just as the modern modernization of Chinese legal system is the "Western learning to the East", the modern transformation of prison execution system is also the result of western culture transplantation to a large extent. Under the guidance of the new ideological trend of execution, the movement of physical punishment to free punishment, the overriding of deterrence punishment by educational punishment has become the most prominent representation of the reform of prison execution in modern times. The profound change that touches the soul of the penalty marks the disintegration of the Chinese traditional punishment system and the establishment of the modern execution mode. The prison execution of the period of the Republic of China in Beijing and the period of the national government of Nanjing has inherited and abandoned the results of the reform of execution in the late Qing Dynasty in varying degrees. Holding a good continuity and basically laying the main style of modern prison education, combing and studying the modern prison's emotional education can not only provide a historical coordinate for the process of the modernization of Chinese prisons, but even to the contemporary prison education.
The thesis is divided into three parts: introduction, main body and conclusion. The main body includes seven chapters.
The introduction part defines the understanding and intention of the concept. The reason why the prison sentence in modern prison is fixed on "emotional education" is because "the influence" highlights the typical characteristics of the modern prison system. From the travel records of the late Qing Dynasty officials to the prosperity of the prisons in the Republic of China, and then to the special study of the emotional education, the execution of the education is in the modern academic study. The value of this issue has been gradually revealed. However, the study of this issue in modern academia is still mostly contained in prison history.
The first chapter, on the basis of reviewing the characteristics of ancient Chinese execution, focuses on the transformation of the way of prison execution in the late Qing Dynasty. Under the guidance of retaliation and deterrence, the ancient prisons are aimed at suffering and punishment. Although ancient execution is not lack of etiquette and justice, it has also appeared to be the remorse of the circular earth system or the humiliating punishment, but it is not the whole of the ancient prison. The modern prison improvement was forced to start under the impact of the western concept of execution. The modernization of the penalty and the extraterritorial power became the important cause of the reform of the prison system. The following was a series of transformation in the field of prison execution in the fields of concept, institution, legislation, management and prison officials. After the Republic of China, the ideological trend of education and punishment became the mainstream of the reform of execution. The idea of prison treatment in the period is more profound and more lasting. The purpose of prison execution is not only to protect the society, but also on the correction of criminals. This chapter also demonstrates the philosophical basis of prison's emotional education from the perspective of sociology, human nature and the cause of the nature of the crime.
The second chapter examines the operation system of modern prisons. The prison sentence of modern prison is typically embodied in three aspects of labour, education and education. The work of labour service is designed to teach the professional skills of the prisoners, not only to prevent the reproduction of the prisoners, to strengthen the fitness, but also to have the function of moral modification. Therefore, it is an important content of the prison legislation. The derivation of education, as an important means of education, is not the same as the compulsory hard duty of the ancient prisoners. In the period of the national government of Nanjing, there was also an external supervision and reclaiming operation. In view of the poor operation of the old prison, the judicial authorities had issued a large number of decrees and decreed. In the war of resistance, the function of production was intentionally amplified and required. In order to cooperate with the military demand. Although the prison operation has been strengthened, the scale and achievement of the prison have still not reached the official expectations. In addition to poor operation and insufficient funds, the execution of the decree is also an important reason. The original intention of the industry system.
The third chapter expounds the teaching system of modern prisons. The teaching of prisons, namely moral education, is a significant representation of modern educational punishment. In fact, the education is divided into teaching and education, education is emphasized on moral edification and education is emphasized on the inculcation of knowledge. The basic legislation of the Republic of China prisons has given priority to the principle of teaching, and teaching is often more valued than education. Under the order of judicial discipline, the teachings of the prison have gradually stepped into the right track, and some results show certain actual effects. However, the teachings of the old prison are mostly carried out in the new prison. Most of the old prison houses are simple and teaching. It is worth mentioning that the religious teachings of modern prisons are a strong force. The modern judicial authorities believe that the role of religious repentance is passed. The prison decree gives the prisoner a limited freedom of religious belief. However, it is not so much as the emotional effect of the religious teachings. It is better to seek an illusory spiritual sustenance and to serve it in peace. The maladies of unimpeded execution and the teaching method itself.
The fourth chapter discusses the education of modern prisons. The prison education is indispensable to the execution of prison sentence. Intellectual education and moral education are all elements of education. The education and education are different in their names, but they complement each other. The prison education has the dual functions of crime prevention and treatment, which can be regarded as a special public education, but also the extension and supplement of school education. The content of modern prison education is more extensive. Education time, subjects, teaching materials, methods and assessment constitute the main body of prison education system. Modern prison decrees give prisoners a certain freedom to read books, and the prison is attached to the library, and some prisons have issued publications, which have played a great auxiliary role in the educational education. The introduction of orders enriched prison education. Prisoners education was not only limited to ordinary prisons, but also extended to military prison, external supervision and detention centers, and showed the characteristics of paying attention to Party and military training. In the late Republic of the Republic of the Republic, the concept of prison education was mature, and some prisons showed certain achievements, but prison education still had decrees. Compliance, low rate of popularization, limited funds and so on.
The fifth chapter expounds the teacher system in modern prisons. It mainly analyzes the qualifications, responsibilities and assessment of the teachers and teachers, and the problems of supervision and disposition. In modern prisons, the lack of teaching and education teachers is always a difficult problem. Although the judicial authorities have made five requests to improve the teachers, they are in fact inadequate and inadequate. With the increasing importance of the educational education, the status of instructor and teacher has been improved. The position of the instructor is always superior to the teacher from the view of the official and salary of the warder. The teacher and teacher are carried out from five aspects of teachers' arrangement, age distribution, salary treatment, qualifications and work reports because of the close relationship between instructor and teacher. In order to clarify the actual working state of the new education teachers and teachers in the country, on the basis of this, the problem of talent support in modern prisons is discussed. The government of the Republic of China attaches great importance to the training and training of the prison personnel.
The sixth chapter combs the modern juvenile prison and the correctional institution's rearing system. The juvenile delinquents have special physical and mental characteristics, their execution place is different from the adult prisoners. The juvenile prison is the product of the reform of prison system, and the creation itself is the exitence of the practice of conventiation. Although the juvenile judicial protection in the period of the Republic of China has gradually been put into practice by the system, the judicial authorities also have a grand plan for the construction of juvenile prison, but the actual scale of its operation is still limited. At the beginning of the late Qing Dynasty and the beginning of the Republic of China, the institution became an important execution place of security measures in the period of the national government of Nanjing. In the narrow sense, the Correctional Institute was specially designed for the emotional education of bad adolescents. However, some special education institutions were also named as "moving". The earliest attempt to protect.
The seventh chapter is the overall evaluation of the prison education in modern times, which began in the late Qing Dynasty. It was established and customized during the period of the Beijing government in the Republic of China, and was greatly developed in the period of the national government of Nanjing. However, the practice of prison execution in Nanjing has not reached an ideal period. It can not be said that it is related to the incompleteness of the reform of the prison system, the block of the traditional execution culture, the drag of the funds and the war, especially the execution deviation of the prison decree, and the frequent flouting of contempt or negligent decrees. The quantitative standard of the inspection and the individualization of the prison education show the developed degree of the emotional education in the concept and system form. In essence, prison education is feasible, but it also has some limitations.
The changing word "feeling" is the core of the philosophy of punishment in modern China. The modern prison's emotional education has created a new era of Chinese execution mode. It is part of the social improvement plan which aims at promoting the model. It is part of the mechanism of social modernization. After acceptance, the imitation of the utensils and systems is followed by the follow-up of the social culture, and the lag of the culture often leads to the heavy resistance of the system. This is the problem that the prison modernization must face. A rational and objective examination of the education of the prison in modern China helps to promote the modern prison culture.
【学位授予单位】：华东政法大学
【学位级别】：博士
【学位授予年份】：2010
【分类号】：D926.7;D929

【引证文献】