明清州县监狱有多种形式,依其设立是否有典章制度为依据,可粗略划分为正规监狱和非正规监狱两大类。前者由于有章可循、有典可据,所以在设置、设施、管理等方面都比较规范。后者则没有明确的法律依据,是因为某些特殊需要或缘由而设,多是本做它用的场所、设施用于监禁,具有临时性。这些临时性的监狱处于法律和监管的盲区,无论在设立、废止、运行、管理、条件上都有较大的随意性、不确定性。虽然在监管上,无论是正规,还是非正规的监狱都纳入正规管理的范畴,在加强考核、监督的前提下,重视对监狱官吏责任的追究和处罚,但是制度的局限性和弊端也是明显的,不但狱囚生存状况恶化,而且狱政的腐败犹如挥之不去的恶魔,缠绕在州县监狱内外。 There are various forms of prisons in the Ming and Qing Dynasties, depending on whether there is a dictation system or not, which can be roughly divided into two categories: regular prisons and irregular prisons. The former because there are chapters to follow, there are Code available, so in terms of facilities, facilities, management and more standardized. The latter does not have a clear legal basis, because some of the special needs or causes, and more is to do with the place, facilities for imprisonment, with a temporary. These temporary prisons are in the shadow of law and regulation. They have greater randomness and uncertainty in the establishment, abolition, operation, management and conditions. Although in terms of regulation, both formal and non-formal prisons are included in the scope of formal management, emphasis is placed on prosecuting and punishing prison officials under the condition of strengthening examination and supervision, but the system’s limitations and drawbacks are also obvious , Not only deteriorating the prisoner’s living conditions, but also the jail corruption is like a lingering devil, wrapped around the county prison.