刑罚目的的价值化诠释初探

Primary Studies on Value Interpretation of the Aim of Penalty

报应刑论、特殊预防论与一般预防论是刑罚目的的三种基本的理论;它们与刑罚的正义、人权与秩序价值存在着某种贯通;刑罚目的的价值化思考有助于消解各种刑罚目的理论的对立与冲突。

Retribution, individual prevention and ordinary prevention are three fundamental viewpoints on the aim of penalty in criminal theory. There are some communications between retribution and justice, individual prevention and human -being rights, Ordinary prevention and order. It is good help to resolving the contradication and conflict among the three kind of theory of the purpose of punishment.