黑格尔刑罚理性评介

黑格尔 ,在其《法哲学原理》一书中 ,以客观精神为哲学基础 ,以意志自由为依托 ,对刑罚理性作了精辟阐析。黑格尔认为 ,刑罚基础为不法 ,前提为犯罪 ,刑罚是对不法的绝对否定、对犯罪的等值报复 ,而这种报复被推定为非强制 ,以及以法和正义为刑罚标准 ,同时强调刑罚主观性和主客观同一性。黑格尔刑罚理论 ,构架恢宏 ,述论精微 ,诸多结论颇具价值 ,对后世刑罚理念影响深远。

Evaluation of Hegel's Logos of Criminal Punishments

In his Principia of legal Philosophy,Hegel made incisive analyses on the principia of legal punishments with volitional freedom based on the philosophic base of objective spirit.Hegel thought that the base of criminal punishments was the iniquity and its precondition was the commitment of crimes.He thought the criminal punishments were the absolute negation to the iniquity and the equal revenge to the crime.This kind of revenge was understood as non-compulsive with law and justice as the standard of the criminal punishment as well as the emphasis of identity of subject and object of the criminal punishment.Hegel's valuable theories of criminal punishments have great effect on aftertime theries of criminal theories of criminal punishments.