论商鞅法律思想之刑罚目的

On the Purpose of Punishment of Shangyang's Legal Theory

商鞅刑罚目的是以威慑儆戒为主的一般预防论,即靠对犯罪人实施刑罚来威慑儆戒其他人使其不敢犯罪,达到预防社会犯罪的目的。商鞅的刑罚目的理论,以人性恶的犯罪理论为基础,以重刑、必得、明法为基本内容,通过三者的有机结合来实现预防犯罪。这一刑罚理论虽然曾取得明显的成效,但仍存在着众多的不足和缺陷。

The study discuss the purpose of punishment of Shangyang＇ s legal theory which considered deterrent warning as general prevention what the criminal should be punished aimed to warning and prevent social crime. The theory has three parts combined together to achieve the purpose. One is the theory of humanistic villainy as its basic, another is the essential content that contain severe penalty, capture the criminal and publicize the law. All the three work together and had got better effects, although there was much shortage for it.