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刑罚是报应已然之罪还是预防未然之罪,有报应刑与目的刑之争。但不论是报应刑还是目的刑都是静止的刑罚观,既无法对刑罚的轻缓化发展趋势作出合理解释,也无法对死刑的存与废作出完整解答。观念刑认为刑罚是为了满足人们的报应观念而被规定和科处,刑罚的轻重应当与人们基于报应观念所期待的惩罚的轻重相适应。观念刑作为运动的刑罚观不仅能够对上述问题作出合理解释,而且能够对自首、立功、累犯等量刑制度以及减刑、假释等行刑制度作出比目的刑更科学和符合实际的解释,因此立论较周延。
Penalty is the crime of retribution or crime of prevention, there is retribution penalty of criminal punishment and purpose. However, both the retribution penalty and the target penalty are static punishment concepts, which can not give a reasonable explanation of the development trend of light penalty and can not give a complete answer to the death penalty’s existence or abolition. The concept of punishment that punishment is to meet people’s concept of retribution and regulations and provisions, the severity of the penalty should be based on people’s expectations based on the concept of retribution and the severity of the punishment to adapt. The notion of punishment as a concept of movement can not only give a reasonable explanation to the above problems, but also make a more scientific and realistic interpretation of the system of sentencing such as surrender, meritorious service, recidivism and other commutation systems such as commutation of sentence and parole, and so on. .