孟德斯鸠论刑法

Montesquieu's Discussion on Penal Code

孟德斯鸠的刑法思想 ,与他的政体理论密切相关。他认为宽和政体不需要严峻的刑法 ,专制国家的刑罚宜严酷些 ,但他又一再抨击和谴责专制国家刑罚的严酷。这既显示了他刑法观的相对主义 ,又表明他的刑法理论主要是为人道主义观念所统摄。他认为刑罚要与罪行相当 ,一定要严格区分罪行与过错 ,罪由法定。刑罚要有教育意义 ,一切不必要的刑罚都是暴虐的 ,不应用刑法改变人们的风俗习惯。

Montesquieu's thoughts on penal code is most related with his theory on form of government. He stated that harsh penal code is unnecessary in the lenient countries but in autocratic countries while criticizing and condemning the cruelty of autocratic countries in penal code again and again, which shows his relativism about penal code and illustrates that is governed by humanitarianism. He believed that penalty should accord with crime, crime should be distinguished from wrong clearly, and a specified crime should be prescribed in law. Penalty should have educational significance since every unnecessary penalty is brutal, never changes the customs and behaviors of the people.