Study On Enrico Ferri's Empirical Criminal Thinking

In this paper, empirical criminal thinking is studied ,which is claimed by Enrico Ferri (1856-1929),the famous Italian criminologist, empirical scientist to criminal law, representative of the criminal community. The positive thinking in school controversy and the causes of conflict are focused on, then criminal practice based theory of criminal thinking integration is talked. In addition to the foreword and conclusion, this paper is divided into four parts .Part I: Formation of Ferri's positive thinking criminal law . The thinking of the positive criminal law is outlined in the first part. Ferri's life and his empirical criminal ideology is overlooked in this section. The author demonstrates the positive thoughts of criminal law and background of the social development (time) , science and technology (the theory of evolution, genetics, genetic theory, the development of psychiatry, etc.), methodological basis (positivism, materialism), and the legal academic background density can not be separated.Part II: Ferri's empirical criminal thinking highlights theoretically: School Debate. Ferri's positive thinking in school controversy in criminal law is highlighted. The classical school and empirical evidence is conflicted in the school's claim, which are Ferri's main points in empirical criminal law. As for the Causes of crime, Ferri proposed the famous Three Causes of Crime, the theory claims that the crime is a cause of anthropology, natural causes and social causes .Three kinds of factors are combined each other; In criminal liability, Ferri decided to act on the theoretical basis for advocating legal liability for the theory (theory of social responsibility), that the nature of criminal responsibility is not a condemnation of evil will, but the defense community. The penalty was taken by the community in order to preserve their own defensive measures; As for penalty purposes, Ferri advocacied the purpose of punishment theory and criminal responsibility based on the holding of subjectivism (or personalist) and so on. Based on above, I intended to explore different underlying causes ideas and old school positive theory: the different theoretical roots, different perspectives (Criminology perspective with the traditional view of criminal law), methodological differences (Empirical and scholastic), resulting in the era from different backgrounds, different historical mission (prevention, correction and human rights protection), etc..Part III, Philip thought of the empirical reality of the Criminal Code of practice: criminal Integration the realities practice of Ferri's empirical criminal thinking is focused on: criminal integration of crime prevention, punishment, correction and prison reform theories. Criminal integrated view of crime prevention: to Critical blindly advocating penalties, to scientifically formulate crime prevention goals, targeted preventive measures (to be offenders are divided into five categories), the establishment of social health regulations to eradicate the root causes of crime through the punishment of alternative measures (economic, political, scientific, legislative and administrative, educational field) Comprehensive crime prevention. Integrated view of the criminal penalties: penalty teleological (Social Defense), the penalty measures (against the regular punishment, advocacy occasional punishment, and to promote relaxation of legality). Ferri's prison system under the Criminal Integration reform: the professionalization of prison officials, prison agency executive should be experts in psychology, or have a background in psychology training doctors to play. The process of building a modern prison system, in addition to the modernization of the hardware, so is the software professional. At the same time, the author conduct a review of the disadvantages of solitary confinement and punishment for juvenile offenders.In Part IV , the significance of Ferri's empirical criminal thoughts, ideas and methods of the criminal integration to China's legislative, judicial and criminal policy is discussed. The author proposed Ferri's positive thoughts of criminal law and criminal integration of concepts and methods, we have methodological significance on criminal law, criminology and China's legislative, judicial, penal policy and building a harmonious society .