The Theory On Penalty Purpose

Penalty purpose is one of the penalty basics which are eternal discursive topic. The discussion of the topic isn't lessening with the time flowing away; on the contrary, it will become complicated with the improvement of multi-cultural outlook.Hundreds of thousands of yeas, penalty purpose viewpoint \outlook processed the changes, which is from simple uncultivated and bloody revenge to modern civilized and educational rectification. But, to this day, we still have an unavoidable problem, which is penalty purpose still couldn't come to the final conclusion. And I have the same standpoint that penalty purpose will improve with the changes of the society's viewpoint; it can't come to the final conclusion forever.Of course, according to the absolute and relative rules, it isn't a problem to this paper which will put forward a point to the eternal question by the detailed carding and valuation to the progression of penalty purpose viewpoint.This paper includes four parts.First part, penalty summary. A sketch of the progress of the origin of"penalty". By using penalty's punishment, penalty's object, penalty's subject, penalty's tools to pursue the boundary of penalty, namely, penalty is a punishable measure to the criminal.Second part, the boundary of penalty purpose. This paper uses the generalized penalty purpose, which means the country made, applied and carried out penalty. To an expected ending. Criminal law educational circles had the problem that mixed penalty purpose, penalty essence, and penalty function and penalty value .for a long time. The result is that when discussing many questions, it isn't on the same concept's discussion. So have the clear differences between penalty purpose and other concept is necessary premise. Penalty purpose is the outward appearance of penalty essence, the result of enough penalty function, the important reflect of penalty value.Third part, the classified commentary of penalty purpose theory.This part is from the classification of absolution, relativity, combination and distribution to detail the retributive penalty theory and preventive penalty theory's basically theories, rational connotations and the defects of theories.Retributive penalty theory has a distant origin and a long development, but with the advance of culture it's progressing. Because of the prior free will pre-install , retributive penalty theory could totally remove the multiplicity of crime's causes, which led to that the discussion from it come into being had never stopped. But its just \righteous values and adaptable penalty are still affirmative.Preventive penalty theory from it come into being had the duty to fight against retributive penalty theory and mediate the general preventive theory with the special .The general is to the commons, through the penalty to the criminal ,which could make the commons restrain themselves to prevent the possible crime. And the special is to the criminal, through the penalty to them, which could make the criminal not crime any more. But the general preventive penalty purpose is disputed because of the rising of crime. Simultaneously it's hard to explain the fact that the penalty, to punish the criminal, aims to prevent the commons to crime, which is opposite with the adaptable penalty.Fourth part, author's penalty purpose viewpoint.The special is hardly separated with other educational rectified measures. The biggest problem in the operational process of preventive theory is that it couldn't afford an objective quantified standard to the penalty.Retributive penalty theory and preventive penalty theory both have the affirmative places and unavoidable theoretical defects. To this day, more and more viewpoints are that they could be adjustable. At the same time, avoiding the absolute of one theory, emphasizing all-inclusive co-ordinate, are modern penalty theory's developing direction and juncture.This paper in the progress of the carding of the historical viewpoint , besides properly absorb some rational points, on the basement of affirming the retributive penalty theory's responsibility for an offence rule and limitation rule ,provides that penalty purpose is sublevel , with the general prevent important ,which is synthesis.