论前科效应的理论基础

On Theoretical Basis of the Effects of Previous Convictions

前科导致的刑罚从重评判效应 ,属于世所公认的量刑惯例 ,但是对其理论基础问题却见仁见智 ,众说纷纭。前科效应的理论根据 ,应当是立足于社会危害性之上的人身危险性 ,这有其经济学价值与规则合理性 ;同时 ,前科效应从其所导致的刑罚构成特点来分析 ,具有双重复合性 ,而其法律属性 ,只能定性为对前罪刑罚效果的配套评估体系。

Heavier punishment judgment effects arising from previous convictions are subject to the known customs of sentencing.However,as to the issues of the theoretical basis thereof,the opinions vary.The theoretical basis of previous convictions should be the dangerousness of the person based upon social harmfulness.This has its economics value and regulation reasonableness.At the same time,the analysis on the characteristics of punishment constitution caused by previous convictions shows that previous convictions have double complexity,while its legal attribute can only be defined as a corresponding evaluation system for the effect of the punishments on previous crimes.