刑罚的目的之辨

The Goal of Punishment

近年来,国内外对于目前主流的刑罚措施的诟病与反思多有出现,从刑罚的目的上看,传统的报应论与预防理论都有其合理部分,同时也都存在不合理之处,将两种理论综合对待是当前的主流的观点。由于刑罚本身"恶"的属性和社会中存在的"群聚效应",使我们难以去除对死刑的追求,也使刑罚的改造目的不容易实现,而传统刑罚手段也给服刑者回归社会带来困难。目前需要针对现有刑罚方式的问题探索社区矫正,社区服务等新的刑罚手段,并在合适的时间加以推广。

In recent years, there have been many criticisms and reflections on the current mainstream penalty mea-sures at home and abroad. Judging from the purpose of punishment, traditional retribution theory and prevention theory have their reasonable parts, and there are also unreasonable points. The prevailing mainstream view is inte-grating these two theories. So we must pay attention to the modification effect of punishment. However, the results of mainstream punishment manner are not good. Because of the ^evil” attribute of the penalty itself and the ^agglomer-ation effect” in the society, it is difficult for us to remove the pursuit of the death penalty, and also make the purpose of the reform of the penalty not easy to be realized. But the traditional penalty method also brings difficulties for the prisoners to return to society. At present, we need to explore new penalty methods such as community correction and community service in view of the existing penalties, and promote them at the right time.