刑事近代学派刑罚论观点综述

The View Summary of Criminal Penalty Theory Putting Forward by Criminal Modern Law School

近年来,我国的刑事法治已经取得了长足的进步。但是,在建设社会主义法治国家的进程中,无论是刑事法学理论还是刑事法治实践,都仍需要进一步发展与完善,以便更为充分地发挥其应有的作用。刑罚是作为犯罪的对应物产生的,是社会对于犯罪的反应。自贝卡利亚以来,刑罚问题逐渐受到社会重视,学者对刑罚的根据、刑罚的功效和刑罚的目的等核心问题进行了探究。而后出现的刑事近代学派,是刑法史上不可忽略的重要学派。本文旨在通过介绍龙布罗梭、菲利等著名刑法学家的观点,提炼出其对于刑罚的观点,以期对现代刑法理论研究有所裨益。

Modern criminal law, playing a very important part in the development of modern society under rule of law, has achieved great progress in the past few years. Whereas, further development and reform for both theory and judicial practice of criminal law are required in the process of building socialist legal democracy, so as to bring it into full play. Punishment emerges is the counterpart of crime and a social response to crime. Punishment has long been highly valued, for it is regarded as the sole way to deal with crimes. Since Beccaria called punishment into question, the related issues have been drawing increasing attention from society and consequently, scholars, pundits and experts alike have all made profound studies of its rationale, its utility, its purpose and some other crucial issues. Then there came modern criminal law school, which can not be ignored in the history of criminal law, and many representatives made great points on penalty. This article focuses on the theory put forward by Lombrosr and Ferri and other famous scholars, trying to make a sense in the study of criminal law by refining views about penalty.