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在西方近代刑法学产生和发展的两百余年时间里,围绕刑罚正当化的根据形成了报应刑论、目的刑论和折衷主义。各理论关于死刑存废的争论从未间断,无论是肯定死刑存在的合法性抑或否定其合法性,各种理论都试图加以分析说明。文章以死刑存废为视角,重新审视刑罚目理论,剖析各理论对死刑存废的观点。
In the more than two hundred years of the birth and development of modern criminal law in the West, the theory of retribution, the purpose of punishment and eclecticism were formed around the justification of punishment. The theories on the death penalty debate on the death penalty has never stopped, whether it is to affirm the legality of the existence of death penalty or to deny its legitimacy, all kinds of theories are trying to be analyzed and explained. From the perspective of saving and abolishing the death penalty, the article reexamines the theory of the theory of the penalty and analyzes the theories’ view of the death penalty.