Study On Feuerbach's "Theory Of Psychological Compulsion"

Feuerbach, who is named as"the Father of modern science of criminal law", is the Germany Penal jurist. The core of his theory of criminal law is the"theory of psychological Compulsion". Since 200 years, Feuerbach's"theory of psychological Compulsion"has been paid the world widely attention by the criminal jurist all over the world, and has played an important role in the modern technology of the process about the ideology of criminal law. At present, China's criminal law scholars cite or quote more increasingly Feuerbach's"theory of psychological Compulsion"in their Criminology literatures. However, what is Feuerbach's"theory of psychological Compulsion"on earth? How does Feuerbach analyze his"theory of psychological Compulsion"with the logical arguments? Whether Feuerbach's"theory of psychological Compulsion"is affected by the specific historical background and social environment? Whether Feuerbach's"theory of psychological Compulsion"after 200 years of examination about the theory and practice, has also scientific meanings? What defects and shortcomings exist about it? About these problems, China's criminal law scholars do not study systematically and deeply.The article is on the basis of studying a mass of German original documentations, meticulous sorting and introducing strict logic deduction process of Feuerbach's"theory of psychological Compulsion": Following Feuerbach logical ideology, it begins with the concept of"civil penalty", and analyzes that penalty is distinct from disciplinary and defence, civil penalty is different from the moral penalty, and then gradually deeply analyzes on the"psychological Compulsion","legal deterrence"and"determined penalties absolutely"ideology and so on, and successively excludes or rejects"physical Compulsion"and"moral education","judicial deterrence"means or methods. They were developed deeply and connected each other. On this basis of the process Feuerbach's"theory of psychological Compulsion"logic deduction process is relatively completely on the face of the reader. By analyzing of Feuerbach's"theory of psychological Compulsion"logical structure, Feuerbach's"theory of psychological Compulsion"should be attributed to the integration theory, namely that the legislative general prevention is with the combination of the legal retribution.In addition, this article is also detailed analyzed and demonstrated Feuerbach's"theory of psychological Compulsion"background, contribution of theory, the defects and shortcomings. Feuerbach"theory of psychological Compulsion"has been not only influenced by the prevailing macro and socio-political background,...