贯通犯罪与刑罚内在联系的主观恶性解析
发布时间：2019-01-26 08:32
【摘要】：旧派、新派乃至于融合二者的人格刑法学派,对于如何贯通犯罪与刑罚内在联系的解析均存在问题。以对社会化的维持及其良性发展的蔑视与对抗态度作为自身内核的主观恶性,可以合理贯通犯罪与刑罚的内在联系。这个主观恶性仍然遵循通过外在行为考察内在意志的一般方法,犯罪行为成为其进入刑法学场域的绝对牵引力,能够体现犯罪人主观恶性的轻重程度的罪前与罪后因素,亦依附于主观恶性进入刑法学的考察范围。
[Abstract]:The old school, the new school and even the school of personality criminal law, have problems about how to analyze the inner relation between crime and punishment. Taking the maintenance of socialization and its benign development of contempt and antagonism as its core subjective malignancy, we can reasonably link the internal relation between crime and punishment. This subjective malignancy still follows the general method of examining internal will through external behavior. Criminal behavior becomes its absolute traction into the field of criminal law, and it can reflect the degree of subjective malignancy of the perpetrator before and after the crime. Also attached to the subjective malignant into the scope of investigation of criminal law.
【作者单位】： 西南政法大学;
【分类号】：D924.3
，
本文编号：2415309
[Abstract]:The old school, the new school and even the school of personality criminal law, have problems about how to analyze the inner relation between crime and punishment. Taking the maintenance of socialization and its benign development of contempt and antagonism as its core subjective malignancy, we can reasonably link the internal relation between crime and punishment. This subjective malignancy still follows the general method of examining internal will through external behavior. Criminal behavior becomes its absolute traction into the field of criminal law, and it can reflect the degree of subjective malignancy of the perpetrator before and after the crime. Also attached to the subjective malignant into the scope of investigation of criminal law.
【作者单位】： 西南政法大学;
【分类号】：D924.3
，
本文编号：2415309
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