论刑罚的目的

On Penalty Aim

明确了刑罚目的的概念,辨析了刑罚目的与相关概念的关系,评述了报应刑论、目的刑论,折衷刑论和我国学者的观点。在此基础上提出笔者的看法,即刑罚直接目的是一般预防和特别预防,根本目的是保护法益。

In this article, the author explicits the concept of the penalty aim and analyzes the relations between penalty aim and related concepts, and then makes comments on retribution penalty, aim penalty, compromise penalty and some scholars' opinions. Based on the above, the author provides his own idea, that is, the direct aim for penalty is common prevention and special prevention, and its basic purpose is to protect law benefit