Dong Kang And The Reform Of The Prison In The Late-Qing

Prison reform in the end of Qing Dynasty is an important part of Law Amendment even the New Deal during the late Qing Dynasty. Dong Kang is an important figure in the prison reform movement, and his thoughts on Prison Reform influences and reflects the trend of the prison reform movement in the end of Qing Dynasty.Dong Kang was the charge of the prison in the Board of Punishments in 1901, and personally involved in the direct management of the traditional prison, gained practical experience in prison management. In 1906, he was sent to Japan by the Qing government in order to inspect the system of prison magistrates. Dong Kang contacted with western ideas of modern prison ideas in the experience in Japan, and combined the ideas and the practice of prison management in China, thereby formed his own ideas on prison reform.Overall, Dong Kang's claim in the prison reform includes the following aspects: first, prison legislation. Dong Kang advocated to formulate the systematic prison laws, regulate the prison on a unified management, and stress the relatively independence of the jurisdiction of the prison on the trial justice; Second, the improvement measures in prison administration. The measures include the structural design of the prison, the classification of the prison, prison officials and prison statistics and so on, which are not seriously considered or neglect contents in traditional prison, while Dong Kang views them as important aspect of prison reform; Third, the reform of the penalty system. After comprehensively analyzing the freedom penalty system of many countries, Dong Kang proposes the reference way and aspects for formulating the Chinese freedom penalty system. Dong Kang considers that the kind of the death penalty which is the strictest punishment in penalty system should be only one kind, decrease the number of the death penalty from the perspective of the penalty, which is an improvement. In addition, Dong Kang praises the autumn trial system of the Qing Dynasty, and thinks the fall trial system which finds a relative balance between feeling and reason is an important manner of commutation; fourth, the management of prisoners in prison. Dong Kang advocates the fair treatment of prisoners which includes three basic elements of fair, stern and benevolence, the respect and protection of the rights of the prisoners on personality, honor, labor and communications, the full play of the prison education and probation role on the prisoner, especially for juvenile offenders.Dong Kang's thoughts on prison reform, inevitably being influenced by famous jurists of Qing Dynasty, based on the prison thoughts of these jurists and combined with his own practical knowledge to supplement and promotion, has its obvious characteristic of advance, and due to his special status, has a profound impact on the prison reform in the end of the Qing Dynasty and even the prison reform movement during the Republic of China.