刑罚个别化若干问题探析

An Analysis of Some Problems in Individualization of Penalty

刑罚个别化思想在西方犯罪学史上由来已久,并且对世界各国的刑事立法产生了重要影响。而在中国,虽然刑罚个别化的提法已不少见,但这一理论尚未得到足够重视。刑罚个别化从思想萌芽到理论构建再到某些国家将其付诸实践的整个过程,一方面印证了它的合理性与可行性,显示出其在犯罪矫治方面的重要意义,同时也向人们昭示出它的某些不足之处,因此有必要对传统的刑罚个别化理论作出一定修正,以充分实现其所蕴涵的深厚价值。

The idea of individualized penalty came into being long ago time in criminological history of the West and had an important effect on criminal legislation of many countries in the world. However, in China, although the wording of individualized penalty has sometimes been seen, this theory has not attracted much attention. The whole process of individualized penalty covering several stages： idealistic germination, theoretical structuring, and practical application in several countries, proves its rationality and feasibility in rectifying crimes, and at the same time reveals some of its defects. As a result, it is necessary to give some amendments to traditional theory in order to achieve sufficiently its profound theoretical value.