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Hovering Between Educational Punishment Philosophy and Traditional Culture:Reviewing Probation System From the View of Archaeology of Knowledge
Pages: 126-131
Year: Issue:  2
Journal: Academic Journal of Graduate School, Chinese Academy of Social Sciences

Keyword:  probation structureeducational punishment philosophytradition of practical rationalityprobation modernization;
Abstract: The structure of the system of probation rooted in a country’s social and cultural tradition.Although our probation system should follow the ideas of modern education punishment,but probation practice from the late Qing Dynasty has shown that the legislation and judicature of probation are deeply affected by the traditional practical rationality and retribution thinking.Practical rationality of probation legislation performed to stabilize blood or geopolitical community for the purpose of judicial performance instead of the purpose of education;while ignoring the retribution of probation will result in suspension of sentence and the low degree of recognition and application.We argued that the normative structure of probation sentence should be adjusted to balance the philosophy of modern education and traditional retribution thinking in the probation practices.And the probation hearing system should be established to avoid the drawbacks of practical reason.
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