对罪犯实行人性化管理的文化渊源

对罪犯实行人性化管理的合理性何在？考察古代文献，我国传统法强调法以礼为灵魂，礼法统一，强调教化对培育人性的作用。人性何可教化？因为人各有其本心，有其真情实感。尽管人往往会蒙蔽本心放纵私欲而犯罪，但源自本心的真情实感并没有消失。当我们对这种真挚的情感做出积极的道德价值判断时，在理论上我们便有了对罪犯实行人性化管理的合理性依据。因为道德情感是我们教育改化人的根基。人性化管理的本质就在于对人类本有的权利的深切关注。

Investigation into the Premise of Humanized Reformation of the Criminal

What is the rationality of the humanized management of the criminal ？ Studying the pre-Qin＇s records, we find that the traditional Chinese law emphasizes Fa , takes Li as soul, the combination of Liand Fa , and emphasizes education. Why can the human nature be civilized？ Because all people have their original hearts, all people have their genuine feelings. Though a person usually indulges his selfish desires and commits a crime, their genuine feeling derived from their heart doesn＇t disappear. When we make an aggressive moral judgment of the emotion, theoretically we have the rational basis of humanized management of the criminal. Because the moral emotion is the groundwork that our education changes a person. The essence of the humanized management lies in the deep concern over the right which the mankind originally possess.