Shen Jiaben was a pioneer of modern prison reform in China. He introduced the western bourgeois prison thought into China, which broke through the feudal orthodox prison thought to a great extent and pushed the prison system of China into modern times. Shen Jiaben's prison thoughts contain advanced prison management thoughts, such as holding that prison management is the yardstick of national civilization and progress, educating criminals through probation, and advocating that prison officials must receive special training, which still has important enlightenment and reference significance for the establishment of modern civilized prisons.

Shen Jiaben wrote a lot. His legal thought is mainly manifested in the following aspects:

First, the bourgeois rule of law.

Shen Jiaben is a famous jurist in modern times. He believes that the bourgeois rule of law, "the spirit of the whole country, are concentrated in the law."

(A) on the nature and role of the law

Shen Jiaben followed the concept of pre-Qin legalist interpretation. He said: "Buddhism is the program of the world and the tool of all things." Law is a norm to adjust people's behavior and an objective standard to measure everything in the world. Shen Jiaben believes that the role of law is to govern the people and the country.

(2) The law changes at any time and "will communicate with China and foreign countries"

Shen Jiaben believes that laws should gain and lose with the differences between ancient and modern situations, and cannot be simply copied.

(3) Laws must be unified and equal.

Shen Jiaben put forward the viewpoint that after the promulgation of the new law in the late Qing Dynasty, the conviction law must be unified. When applying the law, we should also implement the principle of unity and equality. In addition, Shen Jiaben also advocated breaking the boundary between good and bad and abolishing the system of buying and selling handmaiden.

(4) Education is the mainstay, supplemented by punishment.

Shen Jiaben inherited the Confucian idea of combining law with education, and combined with the development trend of the world, expounded the idea that law is an auxiliary means of moral education. He said: "At the beginning of the first king, teaching was the first, and those who punished later were also."

Second, the basis of "flat forgiveness"

Shen Jiaben attaches great importance to the usage of "tolerance" and "success" in law enforcement. He not only pays attention to the detailed review of legislation, but also pays attention to strict law enforcement. He believes that we need kindness and tolerance if we want to enforce the law fairly. Starting from this kind of benevolence and forgiveness, Shen Jiaben also deeply studied the criminal law system at home and abroad, and put forward the idea of opposing heavy punishment and light use. Shen Jiaben believes that in order to enforce the law fairly, we must be convicted according to law and oppose comparison. In this way, Shen Jiaben established the principle of legally prescribed punishment for a specified crime for the first time in the history of China, and abolished the old analogy application system.

Third, "there are laws."

Shen Jiaben deeply realized that only with good laws and good law enforcers can the bourgeois rule of law be implemented. He concluded: "If you know there are laws, there is a man who is particularly expensive."

First of all, all state officials, from the central chief to the bailiff, "should know the law."

Second, judicial officials should have expertise. "Prison management is a specialized knowledge, and not everyone can be competent."

Third, set up a doctor of law to teach law. Shen Jiaben attached great importance to law education, especially he regarded law as a special science.

Fourth, the theory of the rise and fall of law

Shen Jiaben attached great importance to the research and publicity of jurisprudence, and specially wrote The Rise and Fall of Jurisprudence, and analyzed the reasons for the underdevelopment of jurisprudence in China. Shen Jiaben emphasized that jurisprudence plays an important guiding role in legislation and judicature.

Shen Jiaben made an in-depth discussion on the reasons for the rise and fall of China's jurisprudence. He clearly pointed out that the relationship between law and politics is that politics determines law, and what kind of politics has what kind of law; Law does not necessarily flourish, law declines and politics inevitably declines.

To sum up, the mainstream of Shen Jiaben's legal thought is democratic, scientific and popular, especially with the progressive ideological nature of modern bourgeois law and jurisprudence. At the same time, he is also an outstanding legal reformer with rich experience in administering the law. His works are a valuable legacy for us to study the history of China's legal system and legal thought.