清代监狱人犯的再犯罪问题研究

Research on the Issue of Recidivism Among Prison Criminals in Qing Dynasty

清代监狱中,人犯的再犯罪活动屡见不鲜,人犯与人犯之间,人犯与禁卒之间,人犯与监外人员之间,随时都可能发生。人犯再犯罪的原因,也不尽相同,有因为肢体碰撞、言语冲突等细故导致的暴力冲突,有因为债务争执而发生的斗殴误杀,有牢头狱霸因为敲诈勒索其他人犯而发生的人身伤害,亦有狱吏与人犯狼狈为奸、沆瀣一气的图财害命,等等不一。鉴于此,针对人犯、禁卒和管狱官、有狱官等,清政府制定了一系列的法律规定和规章制度等,以便能够预防和减少人犯的再犯罪问题,但实际效果并不乐观。

In the prisons of Qing Dynasty,the recidivism of criminals was not uncommon.Various types of criminal activities could occur at any time between criminals,between criminals and jailers,between criminals and people outside the prison.The reasons why criminals committed crimes again varied,including violent conflicts caused by minor incidents such as physical collisions and verbal conflicts,fights and manslaughter caused by debt disputes,personal injury caused by prison bullies who extorted other criminals,collusion of jailers and criminals to seek wealth and harm lives,and so on.In view of this,aiming at criminals,jailers,prison supervisors,and prison officials,the Qing government formulated a series of legal regulations,rules and regulations,etc,in order to prevent and reduce the problem of recidivism among criminals.However,the actual effect was not optimistic.