霍布斯刑法思想评介

霍布斯是资产阶级著名的思想家,他的刑法思想十分丰富。他认为,犯罪的概念为以言行犯法律之所禁或不为法律之命令;一切犯罪源于无知、谬误和激情;罪与非罪应以法律为依据;刑罚可分为人罚和神罚,人罚包括体刑、财产刑、名誉刑、监禁、放逐等;刑罚权的依据在于人民的放弃而非授予。

Comment on Hobbes's Thought on Criminal Law

Hobbes is a famous bourgeois thinker conceiving profuse thoughts on criminal law.In his view,the concept of"crime"should be explained as the violation of words and deeds on the laws or the refusal of the decree;all the crimes root from ignorance,falsehood and enthusiasm;the law should act as the gist to judge a crime;the penalty is classified into both human penalty and divine penalty with the human penalty inclosing corporal punishment,property punishment,punishment on reputation,imprisonment,exile,etc.The base of the right of criminal law lies in giving up not empowering of the people.