Theory Of The Functions Of Penalty

The functions of penalty are quite important in the criminal law theory field. The study on the functions of penalty pays more attention to the analysis of static norms which can't demonstrate the social functions of penalty from every perspective. Therefore, the author illustrates the functions of penalty from the sociology.The thesis is divided by three chapters which separately expound the character and concrete connotation from static and active aspects which are expected to perform functions in the society.The One Chapter is involved in the research on the functions of penalty and the analysis of its limitations. The author not only analyzes and criticizes the traditional theory of the functions of penalty, but also expresses the opinion that we should study the basis of the society and social functions from the perspective of social integration.The Second Chapter analyzes the social functions of penalty from the standing point of sociology. In detail, under the frame of sociology, three functions are illustrated as follows: (i) the special function of social control of penalty; (ii) the function of social interest integration of penalty; (iii) the function of remaining the public awareness special for justice value conception. In word, the assay of the function of penalty is a breakthrough to the traditional criminal law theory.The Third Chapter evaluates the functions of penalty objectively. The penalty has double characters to social functions. It is correct to take the positive functions into account, and at the same time the negative functions shouldn't be ignored. The author makes whole research on the limitations and the negative aspects.