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如果刑事处罚不能有效地达到目的,那么无异于强加成本和困难于社会。但即使刑罚目的是有效的,具体的惩罚措施也还可能会受道德和社会实际的制约。对刑罚目的历史沿革的考究,讨论诸如当前刑法理论所承认的刑罚目的:报应、预防等,可以更好地把刑罚目的概念进行进一步的界定和筛选,并引出刑事判决的目的及其作出方法,以期更完善的解决相应问题。
If the criminal penalties can not effectively achieve their goals, then tantamount to imposing costs and difficulties in society. But even if the purpose of punishment is effective, the specific punitive measures may also be subject to moral and social constraints. We can better define the history of criminal purpose and discuss the concept of criminal purpose such as criminal purpose recognized in the current criminal law: retribution, prevention, etc., to further define and screen the concept of criminal purpose, and lead the purpose of criminal judgment and its making method, In order to better solve the corresponding problems.