边沁的功利主义刑法观

On Concept of Criminal Law of Utilitarianism of Jeremy Bentharn′s

边沁的功利主义哲学从"快乐"和"痛苦"的人性基础出发,指出一切法律的目的都是为了"最大多数人的最大幸福"。他认为犯罪是一种禁止的恶,刑罚是一种必要的恶,而立法的方法首先是要考虑"行为的危害",这种危害体现在结果、行为造成的痛苦或恶之中。

The philosophy on utilitarianism of Jeremy Bentharn is on the basis of human nature in relation to happiness and agony. He considered that the aim of the law is for the sake of ＂the maximal happiness of the maximal number people＂. He argued that the crime is a kind of evil which is prohibited and the penalty is a kind of evil which is necessary and the harm of action must be taken into account on the method of legislation ,and the harm is embodied on the agony or the evil which is caused by the action.