小野清一郎刑法思想的再认识

Recognition on the criminal law ideology of Ono-seiichiro

小野清一郎是日本最著名的旧派学者之一,但他的刑法思想实际上具有浓厚的的折衷主义色彩。他主张报应刑,但不反对刑罚另有目的。他主张罪刑法定,但不反对类推。小野清一郎的刑法理论精密完整,但却具有强烈的保守主义倾向。

Ono - seiichiro is one of the most famous conservative scholars in Japan. In fact, it has great eclecticism flavor in his criminal thoughts. He holds retributive punishment, while he is not against the punishment which had other aims. He supports a legally prescribed punishment for a specified crime,while he is not against to the analogy. The criminal theory of Onoseiichiro is precise and complete however,which also has intense conservatism tendency.