报应不应成为刑罚的目的

On the Location of Retribution in the Theory of Penalty Purpose

报应是基于行为人所实施的犯罪行为而应对其无条件强制施加的、与其所犯之罪相应的惩罚。从中外刑罚史上看,都不存在以报应为目的的刑罚。同时,报应无法合理地回答现实社会中刑罚的发动及其幅度问题,因此,报应不应成为刑罚的目的。

Retribution in the theory of penalty purpose means a punishment which is based on the criminal offence and conflicted on the criminal with on other reasons that is accordance with criminal offence. The history of penalty reveals that retribution almost has no space to survive. The retribution in penalty ignored social reality and its development, and can not answer the launching of penalty and its extent questions in social realities. Retribution has no way to be the purpose of penalty.