On The Purpose Of Punishment

The theory on penalty purpose is an important part of the theory about penalty.People have argued on this question for hundreds of years. Various viewpoints areaffected by Retribution Doctrine or Materialism Doctrine, so it's difficult to discussthe question more deeply.Frankly speaking, I don't have ambition to overthrow other's conclusion andgive you ultimate theory. What I try my best to do is that: first, comparing otherpeople's opinions and judging Superior or inferior; secondly, I will draw theirlessons and develop their opinions. On the basis, I hope to provide my theory.This article is divided in to five parts.The fist part is about connotation of penalty purpose. Analyzing fromconnotation of purpose, I commented connotation of penalty purpose and formingmechanism: combination of penalty' function and country's need.The second part is about review of various theories on penalty purpose. Imainly recount the developing condition of the theory on penalty purpose onmainland of RPC and in West. I analysis the retribution doctrine. materialismdoctrine and combination doctrine of theories on penalty purpose in West andopinions of scholars in my country.The third part is about penalty purpose of punishing crimes impartially. I startfrom analysis about concept of "punishing crime impartially", and then I reviewthe value of the penalty purpose. On this basis I point out the insufficiencies of thetheory and expect to improve them.The fourth part is about penalty purpose of defend crime. I start from analysisabout concept of "defend crime" and analysis about value of "defend crime". ThenI comment the good ideas and insufficiencies of the theory, and providesuggestions to improve them.The fifth part is about the penalty purpose of protect basic human rights of allcitizens including prisoners. Have started from the concept of basic human rightsand all citizens, I analysis adjust object of criminal law and leam from othertheories, then I got the conclusion that: the deepen penalty purpose is protect basichuman rights of all citizens induding prisoners. Through comparing various theories and my thought, I try to recount aboveopinions. I hope helping people to treat penalty purpose and penalty from a newvisual angle further more, I also hope this will improve pace of penalty.