论刑罚的有限性

On the Limitation of Criminal Punishment

刑罚具有有限性:从低限道德标准和正义目标的视域来看,刑罚的运行是有限制的;从犯罪原因和罪刑关系的角度来看,刑罚的功能或者作用也是有限的;从经济学角度看,刑罚受最基本的经济因素制约。

Viewed from the prospective of the minimum morality and justice, the criminal punishment is a certain limit level of moral suffering and negative legal evaluation, imposed intentionally on the culpable crimes by the states on the basis of the liability for crime, for sure its operation has limitations. While viewed from the causes of crime and relationship between crime and punishment, the function of penalty is also limited. The advocate of heavy penalty can not surely transfer the contradictions between crime and punishment and in return effectively control the crime. In addition, from economics point of view, the intensity of the criminal punishment must be kept on an equivalence, which is based on the best variables between the cost and the income of penalty, and this should be confined by the essential factor of economy.