Penalty Special Issue Of Prevention Research

The penalty goal is very important question in the criminal law theory, it has the direct guiding sense regarding penalty's formulation. Theoretically, about penalty goal viewpoint and argument is quite a lot. The special prevention refers to through suite, carring out the penalty to the perpetrator, preventing it crime again. Obviously, the special prevention's object can only be a perpetrator, also namely has implemented the harm society's behavior, must undertake the legal responsibility person legally. The special prevention take the crime person as an object, thought that penalty's goal lies in through the penalty eliminates or the education, the education perpetrator, causes it not crime again. Here said the crime no longer, has included own initiative no longer the crime and the passive no longer crime two kind of situations. As the penalty basis theory's one kind, the special prevention theory take the personal dangerousness as a core. Is suitable the penalty to the perpetrator, although formally was looking that is to punish the perpetrator, but punishes is not penalty's final goal, the penalty is only one method. Punishness method through the penalty, the final goal which the penalty must achieve the prevention of crime. The prevention of crime performance and prevents two aspects generally for the special prevention. This article will analyze the penalty goal emphatically the special prevention, the article altogether divides into four parts: the first part from the special prevention and general prevention of confrontation, the defense of Personal Dangerousness and social analysis of three aspects of the basic connotation of special prevention; the second part of analysis Ancient China on the special prevention and abroad discussed the historical development of special prevention; the third part from the order, justice, freedom and lack of fairness and justice, human rights violations were discussed in both the aspect of prevention is of special value and a negative value; the fourth part from legislation and sentencing on an analysis of China's special preventive measures and the existence of the defect, combined with the advanced experience of foreign countries and China's practice on the standardization of the Community Correction and security action of the feasibility of the practice in our country. The article focuses on the basic connotation of special prevention and special prevention measures in China's legislative review of the situation, according to an analysis of community corrections as a special one of the measures to prevent the operation of the Community Correction standardization, combined with analysis of foreign experience in the establishment of the disciplinary system security feasible in China in order to prevent our special aspects related to further awareness and understanding.