The Theory Of The Incentive Function Of Punishment

Criminal law is a law of punishment,the punitive mainly reflects in the deprivation of rights and interests of the sinner,but also contain incentive contents,criminal law is embodied in some situations on a certain degree of return of the criminal rights and interests.Punishment incentives,is through the punishment positive out of the running mechanism,stimulate the occurrence of criminal legal behavior,so as to control and prevent crime.Incentive as punishment,punishment is a means,for the purpose and the realization of the value of penalty function,is one of the function of punishment;But,for a long time,owing to shape of the criminal law to punish method,make people ignore the incentive function of punishment.Incentive as one of the function of penalty is not a concept of form,it is a fact in punishment in the specification,and play a positive role in actual.We should not deny nor deny punishment incentive function,incentive function of punishment has its theoretical basis and practical value;Punishment incentive function play also should not be an involuntary judicial practices,and in the process of law enforcement shall be excavated and attaches great importance to the punishment of incentive mechanism,is of great significance for the improvement of the penal system also.This thesis total of more than thirty-eight thousand words.in addition to the preface and epilogue,is divided into four parts:The first part,mainly explains the concept of punishment incentive mechanism,to explore the relationship between motivation and penal punishment,the incentive function and the relationship between the function of other penalty.Although punishment is the essential attribute of punitive,incentive and punishment is to serve the purpose of penalty,the punishments of the "carrot and stick" model,for the criminal reform education more effective,also accord with our country both kindness and thoughts.In addition,the penalty function itself is an organic system,each function between woven into a net penalty,is connected between each function,and the realization of the penalty purpose depends on the penalty function of various coordination.This part mainly introduces the concept of punishment incentive function characteristic and category of relationship.The second part,embarks from the value of the law,demonstrates why the punishment to play its incentive function,Legal purposeful value and instrumental value,incentive the penalty specifications as legal norm,it has its own value,the purpose of the penalty functionof incentive value lies in the purpose of freedom,order and justice.Penalty function is service for the purposes of punishment,the incentive function of punishment is the tool value.After criminal legal text as the analysis object,demonstrates the incentive of penalty clauses exist in our country law,punishment incentive is not just a concept,it is widely distributed in the "criminal law","criminal procedural law","prison law" and relevant judicial interpretations,the incentive of penalty clauses in the legal text in the judicial practice reality application.The third part,I mainly demonstrates the punishment incentive function not only has theoretical value,more has its practical significance.Its practical significance is penalty function of incentive effect of reality.The limitations of the negative value or hinder purpose penalty and punishment is the realization of the value and performance in the punishment of criminal abuse and punishment cost is high;Incentive function of punishment can foster strengths and circumvent weaknesses,cut the negative value of punishment,to help build up my confidence in the reconstruction,the sinner and maximize function of punishment.Punishment incentive function of greater practical significance lies in the realization of education for the modification of the criminal,for the following education reform,to carry out punishment incentive idea,the transition of our country punishment idea,incentive mechanism and improve the way of penalty execution.The fourth part,the penalty incentive function follows the scientific paradigm of psychology,behavioral science,starting from the logical concept of incentives,build the punishment mechanism of incentive mechanism.Punishment incentive function in "expectations incentive theory" as the model which suggested by Victor H.Vroom,construct the punishment incentive mode: incentive content and the best combination of incentive conditions;Penalty incentive content must be combined with the needs of the criminal,Maslow's "hierarchy of needs theory" setting are instructive for penalty incentive content;In content and incentives conforms to the condition of cases,the person produces motivation,and by Skinner's "operational behavior theory," the introduction of the incentive content under the adverse effect of modification of criminal behavior,to strengthen the transformation behavior of the criminal,get rid of bad habits,and eventually make criminal offenders demand brings to the criminal positive emotional experience,make him rich emotion,and improve the personality.Eventually eliminate the criminal personal risk and return society,it is the important content of penalty implementation.