论我国刑罚理论研究中的四个误区——刑罚目的一元论之提出

On the Four Misunderstandings in the Research of Punishment Theory in China

我国刑罚理论研究中存在四个误区:混淆了刑法目的与刑罚目的;对刑罚目的的含义理解错误;把一般预防当作刑罚目的;把报应当作刑罚目的。通过对这四个误区的厘清,可以得出以下结论:刑法目的与刑罚目的是两个不同的概念;刑罚目的,是指国家通过适用和执行刑罚所期望达到的目标;一般预防是刑法目的,不是刑罚目的;报应是刑罚的本质,不是刑罚目的;刑罚的目的是特殊预防。

Four misunderstandings exists in the research of punishment theory in China, they are confusing the purpose of criminal law and the purpose of punishment; misunderstanding the concept of the purpose of criminal law; treating the general prevention as the purpose of punishment and treating retribution as the purpose of punishment. Through the clarification of these four misun- derstandings can we draw the following conclusions ： the purpose of punishment and the purpose of criminal law are two different concepts ; the purpose of punishment is the objective of the application and enforcement of punishment by States; general prevention is the purpose of criminal law and not the purpose of punishment; retribution is the essence of punishment and not the purpose of punishment; the purpose of punishment is special prevention.