摘要
中国传统观念中,"监狱"只是羁禁犯人、等待审理的机构,其职能"不外乎缧绁桎梏,使犯人不至逃亡为毕事"。清代监狱管理制度已相对完善,有完整的拘禁体系及职官制度,但其狱治思想仍是沿袭几千年的苦辱宗旨,以恶制恶,重刑惩囚。狴犴恶牢是礼仪之邦中的阴森之地,狱官责重位卑,视同贱役,狱卒更列"娼优皂卒"的最后一位。官卑不足弹压,禄薄无以养廉,为官者不愿躬问狱事,狱吏狱卒贪酷暴虐,重刑惩囚的理念根深蒂固。清末监狱改良,传统狱制逐渐转型,其最具近代意义者当属举办教育、培养监狱管理人员,优给津贴,提高品级,藉"新人"行"新法",以期"待遇隆则狷洁之士自至","登进严则贪墨之风自绝"。然观念羁绊、学之无成、委任非人,使监狱改良的主角依然是观念尚未更新的"旧"人,善政未得善果。
In Chinese traditional views,'prison' is just an institution of detaining criminals and waiting for trial. Though in Qing dynasty,prison management system had been relatively perfect,with complete detaining system and bureaucracy system,the governance thought was still the same old one which held the principle of heavy punishment. Prisons' officers and guards held very lower status who were regarded as humble service. With the prison reform at the end of Qing,traditional prison system gradually changed and the most significance were education and cultivation of management staff of prisons. Those excellent were paid allowance and promoted their grade. But with the restraint of traditional thought,the principle actors of prison reform were still those old people. A good reform didn't achieve its goal.
出处
《社会科学》
CSSCI
北大核心
2009年第8期152-158,共7页
Journal of Social Sciences
关键词
监狱改良
贱狱观念
有新法无新人
Prison reform
Thought of Humble prison
New reform without new people