黑格尔报应刑理论的价值分析

黑格尔是德国古典哲学的集大成者,政治法律思想家,刑事古典学派的代表人物。黑格尔以客观精神哲学基础,以意志自由为依托,对刑罚理性作了精辟阐述。其认为刑罚是以不法为基础,以犯罪为前提,对不法绝对否定和对犯罪的等值报复。这种报复以法和正义为标准,是非强制的,主客观相统一的。黑格尔的报应刑论对后世刑罚理念影响深远。

A Value Analysis of the Theory of Hegel's Retributive Penalty

Hegel was a German classical philosopher,a famous thinker of politics and law and a representative of the criminal classics .Hegel made incisive analyses of the rationality of legal punishments based on volitional freedom and philosophic objective spirit. Hegel thought the criminal punishments were the absolute negation to the iniquity and the equal revenge to the crime. This kind of revenge was considered as non-compulsive with law and justice as the standard of the criminal punishment as well as the emphasis of identity of subject and object of the criminal punishment. Hegel's retributive penal theory has great effects on the theories of criminal punishments.