Prison Tradition: The Philosophy of Punishment in Ancient Mongolia, China and Japan

Abstract

In order to develop an understanding of contemporary Mongolian prison system, it is important to be aware of the socio-cultural, legal, political and historical aspects of Mongolian prison tradition. Mongolia’s prison system reflects a number of influences including the culture and deeply rooted ideas and beliefs of previous times. Mongolia’s prison system is also affected by external forces such as the mixture of the Soviet legal system and Western legal principles such as the codes of continental European countries. After the peaceful change of the state political and economic system in 1990, Mongolian prison system was influenced heavily by the universal criminal justice system. Over the last 25 years, Mongolia has adopted a number of laws and regulations from various international sources. But the overall reform of prison institutions in terms of legal, organizational and operational aspects lagged behind of other sectors of public governance. There were „cosmetic” changes in penal code. The basic principles of prison system are still not different from socialist era. It is urgent to accommodate and adopt universally acceptable international standards for the effective and efficient operation of prison institutions.