基于博弈模型的“罪刑均衡”思想分析

Analysis on Balance between Crime and Punishment Based on the Game Theory

罪刑均衡思想由来已久,作为刑法理论中最基本的刑罚原则,在对犯人进行科处刑罚方面具有的重要意义早已得到承认,而在预防犯罪方面具有的作用却长期被忽视。犯罪行为实质上是犯人和政府之间的博弈。政府先制订刑法,犯人在观察到刑罚后才选择是否犯罪以及犯何种性质的罪。经济分析表明,改变刑罚的确定性和严厉性就能影响博弈的均衡,从而影响犯罪,刑罚之外的其它措施如果能改变犯罪的成本和收益,也能实现同样的目的,这为预防犯罪提供了一种新的思路。

The thought of the balance between crime and punishment has a long history. As the most basic penalty principle in the criminal law theory, the important meaning in condemning the prisoner has been admit, but the function of preventing the crime has been ignored for a long time. Crime is essentially a game between the prisoner and the government. The government formulates the criminal law, the prisoner chooses crime or not and the nature of the crime after observing it. Economic analysis shows that the change of certainty and severity can influence the balance of the game and even the crime. Other measures can also achieve the same purpose if it can change the costs and benefits of the crime. This provides a new way to prevent crime.