The History Of The Penal System, Stage Of Evolution

People create penalty to punish crime and prevent crime, the punishment embody equity, the prevention embody efficiency. By the standard of equity and benefit, we can sort the history of penalty into four phases: uncivilized penalty, just penalty, efficient penalty, just and efficient penalty.The uncivilized penalty is the first phase of the penalty history, obscuration is it's maximal trait. Retribution and threat is it's theoretic meanings, the former claims to punish crime by penalty which embody equity, the latter claims to prevent crime by the power of penalty which embody efficiency. The elementary research of will freedom and people's nature compose the theoretical base. Because hadn't developed scientific research on uncivilized penalty, it hadn't achieved equity and efficiency.Equity penalty is the second phase, equity is it's maximal trait. With the presupposition of that the essence of the crime is harm to society, the penalty theory develop to retributive theory and utilitarian theory, the former claims to punish crime by penalty and it embody equity, the latter claims to prevent crime by penalty and it embody efficiency, they both claims that the penalty should balance to the harm of crime. The theory of society contract, theory of three powers separation, theory of morality liability, theory of will freedom and theory of mind force compose it's theoretic base. The equity penalty achieve criminal nomocracy and equity.The efficient penalty is the third phase of penalty history, efficiency is it's maximal trait. With the presupposition of that the essence of the crime is danger of person, the penalty theory develop to theory of intentional penalty, which claims that the aim of penalty is safeguard of society. The theory of society liability and theory behavior deciding compose it's theoretic base. The efficient equity achieve theoretical efficiency.The just and efficient penalty is fourth phase of penalty history, consideration of equity and efficiency is it's maximal trait. The penalty theory develop to theory that punishment and prevention is the aim of penalty, the former embody equity, the latter embody efficiency. The theory of comparative will freedom and theory of criterion liability compose it's theoretic base. The evolution of penalty is on the condition of ensure the least equity to pursue the largest efficiency.