“刑期于无刑”思想的社会价值

对“无刑”的追求,法家主张“以刑去刑”的政策,而儒家主张“以德去刑”的政策。“以刑去刑”的政策最终导致重刑主义,而“以德去刑”的政策却具有轻刑的趋势。历史证明,“以刑去刑”的政策实施的社会效果并不理想,后被“以德去刑”的政策所取代。构建和谐社会的刑事政策,应当借鉴“刑期于无刑”刑事政策的经验。

The Social Merit of the Thought of Non- penalty

In order to pursuing non-punishment,the Legalist school advocated the policy of executing cruel torture to decrease crime rate,but the Confucianist advocated the policy of returning punishment for kindness.Executing cruel torture to decrease crime rate finally causes heavy penalty thought,but returning punishment for kindness actually has the tendency to light punishment.The history had proven that,the social effect in implementing the fore policy is not certainly ideal,and it was substituted by the latter policy.Constructing the criminal policy in harmonious society must profit from lesson and the experience in implementing the criminal policy of executing penalty for avoiding the penalty.