欧陆刑罚力度的启蒙

On Enlightenment of the Degree of Penalty Severity in the Continent

欧陆是近代文明的发源地,也是刑法文明的摇篮。欧陆刑法自启蒙时期以来,一直主导着世界刑法发展的方向,在刑法近代化和现代化中起到了典范作用。刑罚力度的轻重是刑法文明的标杆,也是刑罚文明的衡量尺度。但在中世纪及以前,欧陆刑罚力度的设计与运用表现出来的也是野蛮和残酷,欧陆刑罚力度也存在着一个启蒙过程。

The Continent is the cradle of modem civilization,and it is the cradle of the criminal modernization law as well. It has been leading the tendency of the development of criminal law since the Enlightenment, and is the model in the modernization of criminal law. The penalty severity degree is the surveyor＇s pole of civilization of criminal law and the measure of penal civilization as well. However, the devise and exercises of the Continent＇s penalty were brutal and cruel before and in the Middle Ages,and enlightenment is also needed in penalty severity degree in the Continent.