关于刑罚根据的解说——评邱兴隆教授《关于惩罚的哲学——刑罚根据论》

On Interpretation of the Justification of Penalty——Comment on Professor QIU Xing-long's A Philosophy of Punishment: The Justification of Penalty

刑罚的根据问题长期存在报应论与功利论的对垒,在报应论内部又有神意报应论、道义报应论、法律报应论的先后更替,在功利论内部也存在着一般预防论与个别预防论的分庭抗礼。而在当代,占主导地位的是融报应与功利于一体的折衷论。邱兴隆教授的《关于惩罚的哲学》这本专著全面介绍了关于刑罚根据的各种争论,并在汲取前人有益观点的基础上提出了自己的"理性统一论"一体化刑罚观,是一部极具学术价值的力作。

Therehad been theories of retribution and utilitarian on the justification of penalty which conflicted with each other for centuries. In the theory of retribution, there had been several theories ： God＇ s punishment, moral punishment and legal punishment which replaced one after another. In the theory of utilitarian, there had been general prevention and individual prevention which acted independently and defiantly. Today, the dominant theory is the integrative theory which absorbs the retribution and utilitarian theory. Professor QIU Xing-long＇ s monograph A Philosophy of Punishment： The Justification of Penalty introduces all kinds of disputes about the justification of penalty and renders its own ＂rational integration＂ penalty theory based on the former＇ s reasonable notion. It is a great work which has much academic value.