China's Release Prisoners Home Program 离监探亲

#China's prison home leave system, known as 离监探亲 (lí jiān tànqīn), traces its historical evolution and modern revival. The podcast "China Australia Topic Podcast" and an article by Yao Huan, published in the Open Journal of Legal Science, are highlighted as primary resources exploring this unique practice. Initially, the system's origins are examined in the Han Dynasty, where early forms of temporary release, such as 纵囚 (zòng qiú), began as acts of leniency. The Tang Dynasty marked a significant period, institutionalizing the practice as 纵囚归狱 (zòng qiú guī yù), emphasizing voluntary return. Although facing criticism and decline in later dynasties, this system has been reintroduced in the 21st century by China’s Ministry of Justice, reflecting an ongoing effort to balance 惩罚 (chéngfá, punishment) with 改造 (gǎizào, reform and transformation) within Chinese governance and legal philosophy.

Podcast based on the following open access article: "The system of home leave for prisoners is not an innovative construction of a new system, but a living fossil of ancient systems. It originated in the Han Dynasty and matured in the #Tang Dynasty. The common phenomenon of “released prisoners returning to prison”, its structural thinking, and the differences in terminology during the evolution of the system were adopted and inherited by the judicial practices of later dynasties up to the Song Dynasty. Entering the new era, #China’s judiciary has formed a new-era system of home leave for prisoners based on innovative connotations. Its operation is gradually moving toward normalization. However, there are also many problems such as institutional defects and practical difficulties. Exploring the history and development of the home leave system for prisoners can provide multiple approaches for the construction of the new-era system, including the interaction between tradition and modernity, improvement of legislation, and construction of mechanisms, highlighting its unique role in the national governance system."

Keywords
Home Leave for Prisoners, Released Prisoners Returning to Prison, Judicature

Refer: Open Journal of Legal Science 法学, 2025, 13(8), 1933-1940
Published Online August 2025 in Hans. https://www.hanspub.org/journal/ojls
https://doi.org/10.12677/ojls.2025.138268
对离监探亲制度的再探讨——以唐代“纵囚归狱”为比较原点
姚 欢

#openaccess

离监探亲 (lí jiān tànqīn)
纵囚归狱 (zòng qiú guī yù)
Chinese law history
Tang dynasty legal system
prisoner home leave China
justice and rehabilitation
德刑并用 (dé xíng bìng yòng)
国家治理 (guójiā zhìlǐ)
prison reform in China
legal history podcast