The Execution Of The Benefit Of Penalty

The benefit is one of the most important value.In economics,the benefit of penalty is that the proportion between the incomes coming from the operation of penalty and the cost of penalty. The execution to the benefit of penalty is the ideal state of the punishment of crime and crime prevention that the State through the penalty of the development,application and implementation. That is to say, the benefit of penalty equals the cost divided by the incomes. The essential of the benefit is that using the least cost achieves the most incomes. The cost of penalty is considered to be the necessity to the execution of penalty by the nations. It includes economical cost and social cost. The incomes of penalty are the ideal results to punishing the criminals effectively and preventing the criminals, which come from the constitution, apply and execution of penalty by the nation. The benefit of penalty relate to the purpose, function and result of it. They also have some difference.In the west, earlier than the age of enlightenment, most of the ideologists, including the criminal law experts were attracted by the benefit of penalty. Classical school of penal code illustrated the retribution and the punishment deeply; Criminal positivists advanced an effective theory to the expected value and the designed system of the benefit of penalty from the cause of criminal. They also emphasized the purpose of penalty was prevention and education.The factors of affecting the execution to the benefit mainly include the collocation of penalty, the criminal justice and the social policy. It is necessary to insist the principles, the modestly restriction of penalty, the justice of penalty and the united between criminal policy and social policy. If so, it is possible to punish criminals fairly, prevent the criminals effectively, reduce the crime rate and the relapse rate, manage the society steadily. It will have a result, that is the achievement to maximize the benefit of penaly.