相互调剂:民国时期上海女监的人犯移禁问题探析

Mutual Adjustment:An Analysis of the Issue of the Transfer of Offenders between Shanghai Women's Prison and Other Prisons in the Republic of China

民国时期上海女监由于监内空间狭隘,容额有限,时常面临严峻的人犯超员的压力。因而,或为疏通监犯,减轻监内人犯超额的困境,或因突遭事变,出于保护人犯安全起见,江苏第二监狱分监亦曾设法从监内提调部分人犯移送其他监所执行;此种人犯移禁现象在上海监狱第一分监时期,亦普遍存在,但是该分监的人犯移禁,更主要的是表现出一种多边的互动,虽然主要是出于疏通监犯的目的,但是分监向各看守所移禁人犯,而各看守所亦同时向分监移禁人犯,彼此之间都抱有"以邻为壑"的心态,并因此而产生矛盾,彼此龃龉不断,最终都未能借此实现疏通监犯的目的。

In the period of the Republic of China,Shanghai female prisons were often faced with severe pressure of overcrowding due to their narrow space and limited capacity.Therefore,they were either to clear the prisoners and alleviate the predicament of excessive inmates,or on sudden occasions,for the sake of protecting the safety of prisoners,the sub-prison of Jiangsu Second Prison also tried to transfer some prisoners from the prison to other prisons for execution;this phenomenon of transfer of prisoners was also common during the first sub-prison period of Shanghai prison,but the transfer of offenders in the sub-custodial prison is more of a multilateral interaction.Although the main purpose is to clear the prisoners,the sub-custodial transfers the prisoners to the detention centers,and the detention centers also move to the sub-custodial prisons at the same time.Criminals,and they all had a"beggar-thy-neighbor"mentality between each other,and because of this,they had conflicts and stigmatization with each other,and ultimately failed to achieve the goal of clearing prisoners.