188 1 year, Liszt founded the Criminal Law Journal. 1889 co-founded the International Federation of Criminal Law with Belgian jurist Prince Xing and Dutch jurist Hamel Xing. The organization mainly conducts activities in Germany, the Netherlands, Belgium and Luxembourg to investigate the causes of crimes and explore ways to control crimes, and implements criminal law reform. The International Association for the Promotion of Law was dissolved at the outbreak of the First World War, and was rebuilt on 1924 by a professor from the Law School of Paris University, and renamed the International Association for the Promotion of Law.
Liszt's main works include German Criminal Law Textbook, Concept of Criminal Law Purpose, Comparison of Criminal Law Enforcement between Germany and Foreign Countries, and Interpretation of Modern Criminal Legal System from the Perspective of Comparative Law. Liszt is also an international jurist. He is the author who systematically describes public international law.
Since the second half of19th century, capitalism has gradually developed to the stage of imperialism. The criminal laws of many bourgeois countries have adapted to the needs of the monopoly bourgeoisie, publicly abandoned the cloak of "democracy" and "legal system" advertised when the bourgeoisie rose, and suppressed the revolutionary struggle of the working class and the people more nakedly. 1878, Germany passed a law at Bismarck's initiative to suppress the Social Democratic Party's attempt to endanger public order, and other capitalist countries followed suit. At the same time, due to the intensification of social contradictions and class struggles during the imperialist period, all kinds of crimes have increased sharply and the composition of crimes has become more complicated. The old school of criminal law has been unable to explain the reasons for this phenomenon and is unable to crack down on the growing crime.
The new school of criminal law, represented by Liszt, came into being in this situation. At the end of modern times 19 and the beginning of the 20th century, the dispute between the new and old Xing schools in Germany later developed into a worldwide debate.
The so-called old school is the criminal classical school, whose main representatives are Italian Beccaria, German Feuerbach and Bindin. The new school is a criminal social school, mainly represented by Liszt and Italy's Felipe. The theory of retribution punishment is the theoretical basis of the old school of criminal law, while the theory of educational punishment or objective punishment is the core of Liszt's criminal society school of punishment theory.
Liszt used the viewpoint and method of bourgeois sociology to study criminal law, and founded the school of criminal sociology on the basis of absorbing the thought of Italian criminal law school. The philosophical theoretical basis of this theory is positivism and determinism. In epistemology and methodology, it advocates "experienced man" as opposed to "rational man" in the sense of freedom, and this kind of experienced man is enriched by the knowledge of sociology and natural science, as well as the causal laws in social laws and natural science laws. The so-called determinism of the school of criminal society believes that crime is determined by the conditions of crime and is the result of such conditions. Therefore, they believe that to study the nature of punishment, we should look for reasons from the national penalty system and social phenomena.
Regarding the causes of crime, Liszt believes that people are people in a certain society, which requires studying the various internal and external reasons of criminals themselves. While acknowledging the important influence of personal physiological factors on human behavior, he emphasized the decisive role of social factors, such as unemployment, poverty, alcoholism, drug abuse, prostitutes, high prices and other social circles. He stressed the need to study criminals rather than criminal acts, and his slogan was: "Punishment is not aimed at acts but at actors". Of course, this is not to ignore criminal behavior, but to focus on the anti-social or social danger of criminals, classify criminals according to different degrees of social danger, and thus adopt different penalties.
In the theory of punishment, Liszt is an advocate of educational punishment theory or objective punishment theory. He argues that punishment is not an instinctive or primitive revenge with the same harm, but a starting point for reforming criminals and preserving society. We should not only educate and reform criminals according to their specific conditions, so that they can return to society as soon as possible; Moreover, according to the degree of social danger of criminals infringing on social interests, corresponding penalties should be applied to achieve the purpose of defending society.
Liszt's educational punishment theory advocates individualization of punishment, that is, according to the social danger that the offender has become a "criminal type" and "potential", as well as the size of the personality formation process and the possibility of returning to society, the corresponding punishment is applicable. At the same time, criminals are divided into occasional offenders, recidivists, possible reforms and impossible reforms, and penalties are applied according to specific circumstances. He proposed that recidivists, including recidivists who committed minor crimes, should be given particularly severe punishment measures.
Liszt is also one of the founders of the theory of security measures in the bourgeois Xing Fa. The so-called security measure is a penalty system developed in the bourgeois criminal law at the end of 19 and the beginning of the 20th century. It is a measure to restrict and deprive personal freedom besides punishment, and its application object is extended from criminals to criminal suspects or people suspected of disturbing social order.
Since the end of 19, the criminal legislation of bourgeois countries has stipulated this kind of public security punishment system. The earliest theoretical exposition of this system was made by the German scholar Korla Ein at the end of18th century, but it did not have a great influence at that time. By the end of 19, this theory was developed and perfected by Liszt, Felipe and Stowe in Switzerland.
Liszt discussed in the book "The Purpose of Criminal Law" that punishment must be aimed at defending society, preventing recidivism and maintaining social order. He believes that punishment should not be retribution for crimes, but should be to make criminals stop committing crimes. Liszt advocated that "criminals who can be corrected should be corrected, and criminals who cannot be corrected should not be harmed". For those who cannot be corrected, the "undertaker of dangerous state" shall be sentenced to life imprisonment, or sent to a training center or other specialized organs after the expiration of his sentence; For those who were in a "dangerous state" before committing a crime, society has the right to take preventive "safety measures" to avoid harm. In fact, his argument proved the security measures in theory, and had a great influence on the development of criminal legislation and security measures system in capitalist countries.
In the theory of international law, Liszt belongs to the school of positive law. He advocates that "international law is the sum of legal norms that determine the survival goal of a country in mutual relations", and he believes that the basis of international law is not natural rationality, but the recognition of the country in treaties or customs. 1At the end of the 9th century and the beginning of the 20th century, the views of the Liszt School had a great influence in the field of international law.