晚清国人对外国罪犯作业制度的考察与学习论析  

Investigation and Study of Foreign Prison Labor System of Chinese People in Late Qing Dynasty

作　　者：刘之杨 Liu Zhiyang(School of Law,Hubei University,Wuhan 430062,China)

机构地区：[1]湖北大学法学院,湖北武汉430062

出　　处：《浙江大学学报（人文社会科学版）》2023年第12期59-71,共13页Journal of Zhejiang University:Humanities and Social Sciences

基　　金：国家社会科学基金青年项目(23CFX091);国家社会科学基金重点项目(20AFX006)。

摘　　要：罪犯作业制度是近代监狱改革的重点内容,该制度由晚清人士通过出洋考察和学习引入中国。引入过程可分为三个阶段:以英、美、日为主的初步考察,汉译小河滋次郎的学说,以及参加万国监狱大会并考察沿途十五国监狱。经此过程,国人多认为该制度是文明的表征,中国应尽快移植仿办。该制度的引入承载了国人对文明的憧憬。可惜,人们高估了该制度在英、美等国的落实情况,也没有充分理解其赖以发展的社会经济基础,以致没能全面了解并深入分析法律移植的对象。这显示出以偏概全和流于表面的认知局限,为该制度在中国落地生根以及整个监狱改革埋下了隐患。The reform of prison system was the key point of judicial reform in the late Qing Dynasty and the Republic of China.The process was closely related to the investigation and study of foreign prison system by Chinese people in the late Qing Dynasty.The existing academic results are insufficient to discuss this problem,and examining the introduction and establishment process of specific prison system will help deepen our understanding.The prison labor system was a good research object.The prison labor system was the focus of the reform of the prison system in the late Qing Dynasty.It was different from the penal servitude system in ancient China.It was introduced by the people of the late Qing Dynasty through overseas investigation and study from the middle and late 19th Century to the early 20th Century.The introduction process can be divided into three stages.First,a preliminary investigation mainly focused on the prison systems in Britain,America and Japan.Second,translated and studied the works and thoughts of Ogawa Shigejirou.Third,attended the Universal Prison Congress and visited prisons in 15 countries along the way.With further investigation and study,the Chinese people in the late Qing Dynasty not only understood the basic content of the prison labor system but also believed that the system was a symbol of judicial civilization,and that China should transplant it as soon as possible.The introduction of this system carried the Chinese people’s longing for civilization.However,the comparative analysis of the reality of the prison labor system in foreign prisons and the background of that system showed that the people of the late Qing Dynasty overestimated the implementation of that system in Britain,the United States and other countries,and did not fully understand the social and economic basis on which the system was established and developed.This showed the limitation of cognition which is partial and superficial.Reflecting on legal transplantation,it could be seen that the legal transplantation of the l

关 键 词：罪犯作业制度 出洋考察 监狱改良 晚清变法 法律移植 

分 类 号：D929[政治法律—法学] K252[历史地理—历史学]