从仇恨到接纳罪犯:个人与社会立场间的刑法抉择

清醒理解个人与社会对待罪犯的态度的差异,理智地从社会立场看待罪犯,才能理性构筑符合社会进步的刑法理论。社会公众和受害人对罪犯的仇视,是刑罚产生并得以维持的心理渊源和社会基础,但社会性的刑法不能简单代替个人复仇。从社会化的立场审视,接纳罪犯成为现代刑法的逻辑起点。

In order to construct a rational criminal law theory compatible with social progress, we must have a clear understanding of the difference between society＇ s and individual＇s attitudes towards criminals and treat criminals rationally according to the attitude of the society. The public and victim＇ s hatred towards criminals has been the psychological and social foundation for the emergence and maintenance of criminal punishment. However, a criminal law should not merely seek revenge on behalf of individuals. According to the social attitude, acceptance of criminals should be the logical starting point of modem criminal law.