论刑罚效益及其实现

刑罚效益是国家动用刑罚自身成本即刑罚的制定、刑罚的强制力和刑罚的实际适用、执行所获得的对罪犯的应有的、惩罚的效果和迫使人们不去或不再犯罪的效果。刑罚效益受制于刑罚目的 ,确定刑罚效益必须以刑罚目的为依据 ,适用某种刑罚必须考虑能够在多大程度上实现刑罚目的。刑罚效益的实现是一个过程 ,体现在刑罚的创制、刑罚的适用和刑罚的执行三个阶段之中

View of Penalty Benefit And Realization

Penalty benefit is the due punitive effect to the criminals and the effect of forcing people not to commit a crime or not to commit a new crime obtained by the country employing penal cost: the formulation of punishment, compulsory force of punishment and actual application and implementation of punishment. Penalty benefit is confined by penalty purpose, to determine penalty benefit must be based on penalty purpose, to apply a kind of punishment one must consider the degree of accomplishing penalty purpose. The accomplishment of penalty benefit is a process, reflecting on the three stages: the formulation of punishment, application of punishment and implementation of punishment.