刑罚、行刑法新解

行刑法蕴含了刑罚所没有涵盖的目标与内容。行刑法以刑罚为基础 ,立足于以恶制恶。但刑罚中却推导不出感化和扶助性矫治。矫治注入行刑法是基于刑罚先在的事实 ,它绝不是要制造强制与教育的矛盾 ,而是利用刑罚之外的力量 ,把刑罚负效应降低 ;此外当惩罚、教育立足于保护普通公民的权利时 ,行刑法用受刑人的权利标准把这些法律措施适用控制在合理范围。

The New Explain of Crucifixion and Criminal Executer Law

The purpose and content of the law of penal execution differ from that of punishment. The law is based on punishment and "evil for evil". But the influence and the assistant correction are not resulted from the punishment. Based on the punishment prior to the correction leading into the penal execution law, punish prevents crimes. It is not to make conflict between coercion and education but to decrease the negative efficacy of punishment through the influence beyond the punishment. In addition, punishment and education, which protect the rights of citizens, are limited in rational extent according to the standard of criminal rights.