人性与犯罪论纲

人性是一切人生而固有的普遍本性,具有动物性和文化性的两重性。从人起源于动物来看,人性起初充满着动物性,没有文化性,所以,人性是本恶的。犯罪是具有严重社会危害性的应当采取措施加以防治的行为。犯罪人既有人的一般属性,又有反社会性的特殊属性。犯罪作为人本身的一种行为,必然与人性是相互影响的。人性之需要、人性之趋乐避苦、人性之个性等,都是影响犯罪发生的重要因素。当然,犯罪亦影响人性,具体表现在犯罪摧残人性,刑罚要求关照人性。

On human nature and criminal behavior

Human nature has the dual nature of animality and culture, which is the general inherent nature and all born with birth for everyone. Since men originated in animals, human nature was full of animality without culture in the beginning. In this sense, human nature is basically evil. The criminal behavior has serious social harmfulness and should be prevented by taking proper measures. Offenders not only have common nature, but also have the special nature of anti-society. And for the more, as a behavior of person himself, committing a crime is certainly effected by human nature. Human nature needs, desiring for pursuing happiness and avoiding pain, and the specific character of human nature are the important factors affecting crimes. Of course, the crime has affected humanity, particularly, in the criminal destruction of human nature and the penalty requiring for human care.