The Evolution Of The Purpose Of Penalty And The Choice In Our Country

The purpose of penalty is the key position in the criminal jurisprudence theory, which tries to get the result that the country hopes to achieve by penalty. In this article, the author discusses the evolution and the predicament of the purpose of penalty and come to the conclusion: the integrative theory is the reasonable way in our country, and the sides of integrative theory should be harmonious different stages when it uses in theory, and seek the dynamic equilibrium.In integrative theory, the theory of retribution and the theory of prevention should be harmonious, and the theory of retribution should commit crime, lie in prevent the crime and protect the society. At the same time, the purpose of penalty should considers the positive and oppositive retribution: At the different stages of the criminal action, the position of the theory of retribution and the theory of prevention should be different to achieve the reasonable integrative theory.This article consists of the following three parts:The first part discusses the outline of the purpose of penalty. In this part, the author compares the concept of the purpose of penalty with the correlation concept. This part establishes the foundation of the purpose of penalty.The second part discusses the evolution of purpose of penalty from the basis of philosophy and the rational stratififation. This part clears off the development evolution of the purpose of penalty, and discusses the scientific and complete way to establish the purpose of penalty, and tries to help china find its own reasonable choice.The third part discusses the trouble of recent research. The author proposes that the method and the choice should adopt to the purpose of penalty.