论一般预防的合目的性

Analysis on the Reason of the Purpose of General Prevention

新近不少见解认为,一般预防不应作为刑罚目的的内容。但是支持这些见解的理由并不能令人信服。这是因为:"刑罚永远把人类当作一种目的而绝不仅仅是一种手段来对待"这一命题是虚伪的,将一般预防作为刑罚目的不会加重犯罪人的刑罚量,刑罚的一般预防效果是客观的。

Many criminologists holds that general prevention should not be used as purpose of the penalty. But those reasons which support above views are not be convinced because the proposition is hypocritical that ＂the penalty will always take human as purpose, not being a means to deal with＂, because the purpose of general prevention does not increase much penalty on the criminals, because the effect of general preventive is objective.