南京国民政府时期监狱经费刍议——以江苏省监狱经费来源及发放为中心的考察(1927-1937)

Discussion on Prison Funds During the Period of Nanjing National Government——A Study on the Sources and Distribution of Prison Funds in Jiangsu Province(1927-1937)

南京国民政府时期,司法独立为时代所倡导,人们围绕监狱经费来源问题展开了争论,人们期望监狱经费由中央政府统一拨付,但因为财政困难,这一愿望最终难以实现。就江苏监狱而言,其经费主要来源于省财政划拨,在江苏省财政状况持续恶劣的环境下,减折、拖欠发放成为常态。尽管地方司法部门积极采取了社会募捐、法收项下截留及监狱自身收入补贴等应急措施,但监狱经费拖欠发放及打折发放并未有较大改观。地方负担司法经费筹集,极易导致地方司法系统对于地方行政权力的依附,司法的公正独立性受到严重消解。

Judicial independence was advocated during the period of Nanjing National Government.People debated about the source of prison funds,they expected that prison funds would be allocated by the central government,but this wish was difficult to realize because of financial difficulties.As for Jiangsu prison,its funds mainly came from the provincial financial allocation.Under the environment of continuous poor financial situation in Jiangsu Province,reduction and payment in arrears were frequently occurring.Although the local judicial departments had actively taken emergency measures such as social fundraising,detention under legal collection and the prison’s own income subsidy,the phenomenon of payment in arrears and discount of prison funds had not changed greatly.The local government in charge of judicial fund raising often led to the dependence of the local judicial system on the local administrative power,thus the justice and independence of the judiciary were seriously eroded.