Study On Hegel's Legal Retributive Punishment

The theory of penal essence is a complicated and important problem. The study of penal essence is beneficial to establishing the practical, reasonable and effective penal system and to promoting the rationality of penal essence. The study of penal essence is also beneficial to regulating the direction of our criminal policies. As the representative of the school of thought that favors classical criminology, Hegel's theory of retributive punishment has a profound influence on posterity's theory of penal essence.This thesis studies Hegel's penal essence—legal retributive punishment. Combining the penal practice in our country, the thesis analyzes the content of legal retributive punishment. In the end, the author points out that our theory of penal essence should include Hegel's legal retributive punishment.The thesis is composed of six parts besides the introduction and the conclusion as follows:PartⅠ: The introduction of Hegel's life. By observing and studying the society that Hegel lived in and Hegel's experience, knowledge, status, etc, the readers can understand Hegel's legal retributive punishment better.PartⅡ: The historical background of the emergence of Hegel's legal retributive punishment. Hegel's legal retributive punishment emerged after the process below: the retribution of the Lord's will—the retributive punishment of modern times—the moral retributive punishment—the legal retributive punishment.PartⅢ: The theoretical foundation of Hegel's legal retributive punishment. This section includes two parts: the philosophical theoretical foundation—objective idealism and the penal theoretical foundation—illegality.PartⅣ: The study of Hegel's legal retributive punishment. This section includes two parts. The first part is the analysis of elementary content of legal retributive punishment, such as: the theory of human nature, responsibility, foundation of punishment. The second part is the analysis of specific content of legal retributive punishment, such as: the concept and meaning of punishment, the application of punishment, the system of punishment.PartⅤ: The appraisal of Hegel's legal retributive punishment. In this section, the author expounds the reasons of positive appraisal and the reasons of negative appraisal.PartⅥ: Hegel's legal retributive punishment and the theory of penal essence in our country. This section includes three parts. In the first part, the author narrates the present research condition. In the second part, the author analyzes that the theory of penal essence in our country should include Hegel's legal retributive punishment. In the third part, the author discusses the choice of theories of penal essence in our country.