论刑罚效益的实现途径

On The Achievable Approach to the Beneficial Result of Penalty

刑罚效益是指刑罚的设置及其运行给社会生活所带来的预防、惩罚和改造犯罪的直接效果以及由此进一步地对国家的政治、经济、文化等方面所产生的间接效果与国家为设置、实施和执行刑罚所投入的资源成本之间的比值。其基本要求是以最小的刑罚成本取得最大的刑罚效益。刑罚效益的实现是一个过程,刑罚创制要强调刑罚的有限性和严厉性;刑罚裁量应注意刑罚的公正性与节俭性;刑罚执行则应坚持一体化原则和扩大非监禁刑的适用。

The beneficial result of penalty refers to the ratio of the effects of penalty VS the costs of penalty. The former includes the direct effects of the prevention and punishment and alteration on the crime that the penalty＇ s creation and action bring to the society and the indirect effects that the penalty has on the political, economical, and cultural aspects of the nation; the later includes the source costs that the nation puts into the penalty to create, bring into effect, and execute the penalty. The fundamental requirement of the beneficial results of penalty is that the most effect of penalty is obtained with the least eo6t of penalty. To implement the beneficial results of penalty is a process. In the process of creating penalty, the firfity and severity of penalty should be emphasized. In the process of judgment of penalty, the impartiality and frugality of penalty should be noticed. In the process of execution of penalty, the principle of integration of penalty execution and extending the scope of imprisonment should be insisted on.