明清州县监狱狱囚生活处遇制度研究

On Prisoners' Living Treatment System in Prisons in Prefecture and County of Ming Dynasty and Qing Dynasty

狱囚的生活处遇是监狱管理的一项重要内容,与前代相比,明清时期,州县监狱在狱囚生活处遇方面的制度和法规都有了明显进步,达到了相当完善的程度,但是,这些制度与规定在许多时候都不能得到切实的执行,狱囚的生活仍然相当悲惨。这表明,在古代社会,狱囚的生活处遇制度并不意味着承认囚犯的人权,而是为了体现统治者的仁厚,狱囚生活处遇的实际情况很大程度上受制于政治的清明程度,这使狱囚的生活待遇缺乏稳定性和保障。

Prisoners＇ living treatment is the important content in prison management. Compared with former dynasties, prisoners＇ living treatment systems and regulations in prisons in prefecture and county have been made great progress in Ming and Qing Dynasty, which has been achieved to the perfect extent. However, these systems and regulations can not be carried out practically in most of time and prisoners＇ life was still miserable. From this we can find that the ancient potentates did not accept the prisoners＇ human right but acquit their clemency. The practical prisoners＇ living treatment was enslaved to political incorruption degree, which made it lack of stability and guarantee.