从复仇到该当——报应刑的生命路程

From Revenge to Due Punishment——The Course of Retributive Penalty

顺着历史的线索 ,本文展示了报应型的生命路程 ,认为报应型脱胎于原始复仇习俗但又构成对复仇的野蛮性的否定 ,由等害报复论到等价报应论的嬗变是报应论的升华 ,而由等价报应论到该当论的演化则是报应论在当代的新生。通过对不同报应论的梳理 ,作者证明了这样一个论点 :报应论反对复仇 。

By showing the life of revenged penalty in history, the author thinks this penalty was derived form original revenging convention and as a negation to the brutality, It's an improvement of the theory of due punishment from equal revenge to due deserve. This evolution is concurrently new in the theory of due deserve. By analyzing the theory, the author expresses the theory of due deserve is against revenge, brutality is revenge not due deserve.