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当前我国刑法理论界关于刑罚目的的通说是预防犯罪,这一通说在理论和实践上都造成了一定的混乱。为了弥补现有理论的缺陷,在刑罚目的中融入报应因素已成为当务之急。形成以报应为基础的刑罚一体论是我国刑罚目的的理性选择。
At present, the theory of criminal law in our country about the purpose of punishment is generally stated as crime prevention. This passage has caused some confusion both in theory and in practice. In order to make up for the defects of the existing theories, it has become a top priority to integrate retribution elements in the purpose of punishment. It is the rational choice of the purpose of penalty in our country to form an integrated penalty theory based on retribution.