刑法中人性的内涵——以人性有善有恶论为视角

The implication of human nature in Criminal Law——From the perspective of the theory of human nature is good and evil

人性有善的一面,亦有恶的一面,人道主义是人性中善的内在要求。刑罚的人道主义要求禁止酷刑,要求把犯罪人视为目的而非手段,并尊重其尊严,满足其基本要求。

A good side of human nature, some evil side, the humanitarianism is inherent in the good side of human nature demands. The penalty humanitarianism request prohibition torture, requests the criminal to regard as the goal rather than as a means of people, and respect for their dignity, to meet their basic requirements.