The Study Of Retributionism

Retributive penalty has always been a controversial topic, as a penalty for the oldest and most fundamental sources and based on retribution, though still is the penalty system to rely on one mechanism, but with another penalty in accordance with of competition has been a disadvantage. The principle of Prevention and the principle of retribution in a penalty even if one of the framework also reflects the shift in the relationship between the legislation on penalties for prevention purposes and the importance attached to preventive effect is greater than the importance attached to the principle of retribution. In China and some scholars even think that the penalty for a socialist theory of retribution can only be completely abandoned. Based on this view, retribution only could be a means of punishment, prevention is the only purpose of the penalty. In this article, the author discusses the history, theory and value of the contents of the retribution, so that scholars can understand the status and value of retribution in the purpose theory of punishment.In this paper, in addition to the introduction and conclusion, the total is divided into the following five parts:Part one: An overview of the doctrine of retribution. On the part ,the author analied the concept of retribution, retribution and the history of grading and the basis theory of retribution and the value of retribution. This section on the use of historical study of retribution and an overview.Part two: Analysis on retribution. This part is the focus of the article, is divided into the following three parts. First of all, the theory of retribution is the prerequisite and basis for the analysis of liability, and then systematically expounded the essence of retribution.Part three: The realization of retribution. In this part , the retribution and the realization of means and from retribution in the form of criminal law and its implementation are discussed.Part four: Retribution and punishment and the purpose of the position of the future of integration. That part of the retribution from the penalty value and there is also has its one-sidedness of their approach to conduct a comprehensive evaluation, and then on the purpose and overview, and finally suggested that the prevention of and retribution and with no accumulation, the penalty for the purpose of integration.Part five: The purpose of China's criminal law penalties. This part of the purpose of the penalty from the theoretical analysis and legislative analysis, explained the purpose of penalties in the Criminal penalties for the purpose of embodiment and our future direction.