Evidence Of Positive General Prevention Of Punishment

As a kind of pain which adapts to the infringement of the criminal’s major interests,the penalty is regarded as justified on what grounds,and the discussion on this issue has never been interrupted.After the second half of the 20 th century,social risk has changed from the past simplification to diversification and fragmentation.At the same time,social regulation is facing new challenges and crises.In this context,a more macro research idea began to appear.This macro thinking is close to today’s active general prevention.In the embryonic stage of active general prevention,the main performance is the change of crime concept,which changes from individual to universal,from individual maintenance to system maintenance.In the determination stage of positive general prevention,German scholars have made a detailed discussion on its concept,and put forward that the change from negative general prevention to positive general prevention is important for positive general prevention to be determined.In the promotion stage of active general prevention,different countries have different degrees of promotion of active general prevention.Specifically speaking,because positive general prevention originated in Germany,its development in Germany is more smooth,and even once occupied a dominant position in Germany.Compared with Germany,in the United Kingdom and the United States,the promotion and influence of positive general prevention is much smaller,which is more because the legal system of the United States and Britain is different from that of Germany.In the process of positive development of general prevention,it is co nstantly questioned and criticized.Scholars’ criticism on positive general preve ntion mainly includes the following points.1、The concept of positive general preventive use is too abstract.2、Active general prevention may result in a wi de range of penalties.3、Active general prevention is suspected of using peopl e as tools.4、Positive general prevention is easy to cause people’s loyalty to bad laws.5、Positive general prevention cannot be distinguished from negative general prevention.Through the analysis,it can be concluded that these are n ot the limitations of positive general prevention.In order to get out of the crisis of legitimacy,positive general prevention must,according to its theoretical attribute,on the one hand,pass the test of empirical validity,on the other hand,make a comprehensive explanation of the content,form,involved subjects and the existence scope of penalty.Positive general prevention alleviates the coercion of penalty on the empirical level by the people’s identification and belief in the norms,responds to the people’s trust and expectation in the norms on the macro level,absorbs the experience of other penalty theories on the micro level and holds an open attitude towards the research conclusions on the empirical level.Through the analysis,we can draw the conclusion that positive general prevention alleviates the contradiction in the effectiveness of experience,and can achieve self consistency in the norms.