Penalty Darwinism Gang

As a part of the superstructure, penalty is inevitably defined into economic basis, and changes along with it. The penalty is exist with the social environment, the penalty evolution follows society's evolution to evolve, through researching the penalty history and the various countries' criminal activity of judicature practice observation, we may discover the penalty the evolution way is from barbaric, brutal, negative, as the civilization, relaxes not as reasonably, is positive and reasonable; From ancient times till now, the penalty has experienced from the death penalty and the corporal punishment as the center to take the free punishment as the center again to the modern age gradually take the non-imprisonment punishment as the central development course, this course evolution of the footsteps which progresses with the human culture is consistent, also is the human rationality defeats then on-rational result.This article is fell into four parts.The first part is the evolution of penalty outline and the rationale. The evolution from arrives preliminarily high-level, from arrives simply complex, type from few to many developing process, is the quantitative change and the qualitative change unification. The penalty developing process is from moves towards severely delays, from moves towards the civilization barbarically. The penalty developing process and the biological evolution process is consistent. We may apply the biological theory of evolution in the penalty study, through evolves the history to the penalty the research, promulgates the penalty evolution using the induction the rule, and forecasts the penalty the trend of development; The biological evolution basic rule is the heredity, the variation, the natural selection and the artificial selection, we by biological theory of evolution, social theory of evolution, legal theory of evolution viewpoint underlie. Elaborates the penalty evolution basic rule.The second part is the penalty origin and the evolution basic survey. Social life is complex, the penalty is the source in the revenge, the source does not have the universality in the war or the source in the taboo, therefore, origins to the penalty the inquisition needs to act according to the concrete historical evidence, carries on the concrete analysis to the concrete country or the area, but cannot totally discuss it; Looked from penalty own characteristic that, the penalty development, the evolution may divide into the revenge time, threatens the time, the universal love time and the scientific time four stages; The penalty evolution essential feature is the penalty system center by the death penalty, the corporal punishment changes the free punishment, the penalty from complex to simplification, the penalty from arrives severely relaxes, the penalty already changed the attention by the attention.The third part analyse the causation of penalty evolution. The penalty is forms gradually in human society developing process and develops, it forms with the development, many factors influences, this article has been analyzed penalty aspect and so on evolution economy, politics, thought factors; The penalty evolution is not naturally, it is containing human's wisdom, the artificial selection and the adjustment, therefore, the penalty system consummation and reforms into one of penalty evolution agents. The fourth part of elaboration penalty evolution basic tendency. The analysis, the summary which we may to which have the penalty history carry on, then revelation penalty evolution rule: The death penalty limit and abolishes; Penalty leisurely; The penalty realizes the way diversification and the penalty proliferation and the variation.