Study On The Penalties Purpose In A Legal Rational Perspective

AS a very important issue of Penalties theory and judicial practice , penalties purpose permeates the whole process of penalty creation, application and implementation. Theoretically penalty for the purpose of scientific proof for criminal activities are of important guiding significance, while it is theoretically one of the most controversial topics, academics have always been the focus of the study, and a lot of doctrine. In recent years, academics have a more in-depth study and theoretical research fruitful.Penalties purpose of this study is in legal reasonable vision.Taking the legal concept of reasonable entry point for the system described. It described the Chinese and foreign scholars on the Criminal penalties purpose of the doctrine and spelled out a reasonable purpose of the penalty in the legal perspective .That is the penalties purpose of formal rationality and the penalties purpose of substantial rationality. Reveals the correspondence between two kinds of legal rational penalties purposes. To achieve a penalty to dioxin Correctional violence of the purpose of retribution, an essential requirement is a reasonable form of punishment. The penalty for preventive purposes, both the realization of the purpose of general and special prevention or the purpose of double prevention, it is important to the sentence of substantial rational request, and not to form a reasonable penalty of the requirements.On the basis of the system described above problems, the article discusses the relations between the two kinds of legal reasonableness of the penalties purpose fully. Think: on the one hand, confrontation of the penalty for retribution and preventive in the form is eternal. Retribution focus on the crimes already, the point is for the retrospective, and it emphasizes that the punishment is from the crime, guilty, the crime is. Prevention focus on the kind of crime, the nature of the forward-looking, stressed that the system should be criminal offense (necessary conditions) and the punishment of crimes foot (full terms), both in the penalty regardless of the exercise of the right to object (the penalty provision of quality) or in the penalty of reasonable limits (the penalty provisions of quantity) there is on the opposite. Thus, a reasonable form of punishment and the substantial rationality of the penalty is eternal conflict inevitable. Reasonable people in the pursuit of the time in an attempt to make two reasonable objectives into the form that is both want to achieve formal and real rationalities ,but ,in fact ,there is often the existence of a tense confrontation between. On the other hand, in rational legal system the formal reasonable is the formalization of the real reasonable, in most cases the two can be compatible or, at this time, the antagonism between the two is the only analytical tool between the "Perspective" separation; Only in a few cases, two show the exclusion can not compatible relationship. Therefore, if informal rationality) is a different one for real rationality, rather that it is a special form of substantial rational existence. Therefore, the legal system in the form of rationalization, it means that the real rationality is as possible into a quantifiable form of a reasonable system, and achieves real reasonable request by this system.Thus, it is as a modern dual purpose of China's ideals and goals that to expect both reasonableness of the form and substance of the real to a penalties purpose.