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学者分别以经济、政治、文化为分析进路,解读刑罚变迁的动力。这三种进路虽然值得借鉴,但是由于各自理论背后的“化约论”易于陷入“以事实适应理论”和“单线式刑罚进化论”的困境,导致其解释力被削弱。更妥当的主张则是认为刑罚变迁具有经济、政治、文化的多重动力,把刑罚变迁视为经济动力的决定性与其它动力的相对独立性的统一,以及方向性与多样性的统一。
Scholars respectively take economy, politics and culture as the analytic approach and interpret the motivation of the change of punishment. Although these three kinds of approaches are worth learning from, their explanatory power is weakened due to the fact that the “theory of contract” behind their respective theories is apt to fall into the predicament of “theory of fact adaptation” and “theory of evolution of single punishment” . A more appropriate argument is that the vicissitudes of penalties have the multiple motives of economy, politics and culture. The change of punishment should be regarded as the unification of the decisiveness of economic motivation and the relative independence of other motivations, as well as the unity of orientation and diversity.