和谐社会应然的刑罚理念

和谐社会是人与人、人与社会以及人与自然和谐相处的社会。而犯罪无疑是对社会和谐关系的严重破坏,作为犯罪制裁手段的刑罚是维护社会和谐关系不得不动用的最后一种手段。中国的刑罚结构以死刑、自由刑为中心,属于重刑结构。要改变中国的这种刑罚结构,首先应改变刑罚理念。

Ideas on Penalty Consistent with a Harmonious Society

A harmonious society is a society in which people and people, people and society , as well as people and nature can co-exist in harmony. Penalty is a n ecessity in establishing a society of harmony. Undoubtedly, crimes do great dama ge to the harmonious relations in society, therefore, penalty, as a means of pun ishment for crimes, shall function as the last means to maintain the harmonious relations in society. The structure of the Chinese criminal law focuses on death penalty and deprival of freedom, which is considered as severe penalty. In orde r to remodel such structure of penalty in our country, our priority would be the reconstruction of our ideas on penalty.