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本文围绕刑罚目的的实现这一主线,基于预防主义的立场,以一般预防目的为主要分析对象,从经济犯罪的特点出发,论述了刑罚目的的实现过程和其中遇到的困难,认为整体与个人所感知的犯罪与刑罚之间的联系程度(受罚几率)不同,决定了刑罚于个人而言是一风险与收益并存的抽奖式惩罚,受罚几率的大小直接影响到预防目的的实现,并进而对受罚几率作了进一步研究。
This article focuses on the realization of the purpose of criminal penalty. Based on the prophecy of prevention, taking the general purpose of prevention as the main analysis object, starting from the characteristics of economic crime, this paper discusses the realization process and the difficulties encountered in it, The perceived degree of crime (punishment) is different from that of punishment, which determines that punishment is a kind of lottery-type punishment with risks and benefits co-exists. The probability of punishment directly affects the realization of prevention purposes. The probability of punishment was further studied.