南京国民政府假释制度考论(1927-1937)

A Study on the Parole System during the First Ten Years of Nanjing National Government

基于多种因素,源于西方近代司法精神的假释制度于南京国民政府统治时期被移植入中国:这不仅体现为南京国民政府司法当局对该制度进行了较为全面的设计,而且还体现为它在社会实践中较为广泛的运作。该制度在法律设计上固然存在诸多不足,但它却是中国司法近代化进程中的重要内容,并在某一时期内有效地缓解了南京国民政府"监少人多"的社会压力。由于多种不利因素的存在和相继出现,该制度也呈现出诸多不足,而且至1937年后呈现出极度萎缩的倾向。

Owing to the various factors, the parole system originating from the western judiciary spirit was replanted to China comparatively widely during the ruling of National Government. It was not only embodied in the National Government＇s general design for the parole system, but also embodied in the practice of the system. Although the system had a lot of shortcomings in its design, it really effectively released the pressure of the National Government＇s prisons in some period. Owing to the various factors existence and appearance, it is a pity that the system didn＇t normally practice after the year of 1937;on the contrary, it showed itself a lot of shortcomings. On this view, this article will study the parole system design and social practice during the first ten years of the ruling of National Government.