L, punishment theory. It is believed that the purpose of punishment is to limit and deprive criminals of their freedom and rights, make them feel pressure and pain, and thus prevent crimes from happening.
2. Transformation theory. People think that the purpose of punishment is not revenge or punishment, but to reform criminals and make them turn over a new leaf through punishment.
3. Prevention theory. The purpose of punishment is to defend society, including general prevention and special prevention.
4. Double prevention theory. It is believed that the punishment in our country has the purpose of punishing criminals and educating and reforming criminals.
5. The theory of three purposes. One of the purposes is to punish and prevent crime; The second purpose is general prevention; The third purpose is to educate the broad masses to strengthen the concept of obeying the law and actively fight against criminals.
6. Preventing and eliminating crimes.
7. Fundamental purpose and direct purpose. Its fundamental purpose is to prevent crime and defend society; The direct purpose is to punish crimes, uphold justice, deter criminals and social instability, restrain their criminal thoughts, reform criminals and make them consciously abide by the socialist legal order.
8. Dualism. The purpose of punishment is the binary unity of retribution punishment and prevention punishment.
9, the new fundamental purpose and direct purpose. It is believed that the fundamental purpose of punishment is to protect the legitimate rights and interests of citizens and social order, and to ensure the smooth progress of Socialism with Chinese characteristics. The direct purpose of punishment is to prevent crime, including special prevention and general prevention.
The reason why Chinese criminal law scholars have different views on the purpose of punishment is that they have not formed a unified understanding of the following issues: 1, the concept of the purpose of punishment; 2. The difference between the nature of penalty and the purpose of penalty; 3. The difference between penalty function and penalty purpose; 4, the relationship between the cause of crime and punishment.
Level of purpose
The purpose of penalty is the ideal effect that the state hopes to achieve when formulating penalty, seeking penalty, sentencing, executing and supervising penalty. Does the state only use punishment to punish crimes that have been committed and prevent crimes? Do retribution punishment and preventive punishment also have their purposes? Will they also promote the realization of some deeper purpose value? In order to find the answer to the question,