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人类对犯罪的反应经历了报复刑、威慑刑、等价刑(报应刑)、矫正刑(教育刑)、折衷刑几种方式。当今各国出现了恢复性司法或是“事不过三法”、新社会防卫论等理论及实践。人们认识到解决犯罪问题还是要与犯罪有最直接关系的个人的意志起决定性作用,以人道主义为最高理念,以保卫社会及个人为目标,刑罚不断的变迁、回归与突破,甚至被刑事政策所取代。
The human response to crime has gone through several ways, including reprisal punishment, deterrence punishment, equivalent punishment (retribution punishment), correction of punishment (education punishment) and compromise. Nowadays, there are various theories and practices of restorative justice or “three things to go by” and new social defense theory in all countries. People realize that the solution to the crime problem still has to play a decisive role in the will of the individual who has the most direct relationship with the crime. Taking the humanitarianism as the highest idea, the goal of defending the society and the individual, the continuous change of penalty, the return and breakthrough, and even the criminal policy Replaced.