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司法除了应该及时保护社会外,还需要包涵以下目标:使得加害人在情感层面上了解犯罪所造成的损害不止发生在被害人一个人身上,与被害人有关的每个人都会受到伤害;确定加害人生活中的哪些不和谐因素导致了犯罪,并且为加害人努力塑造其他各种关系来减少重复犯罪的可能;寻求途径使得加害人和被害人双方都能摆脱受损的关系,因为在犯罪发生后他们都被束缚在了受损关系上。可见,关系模式中对加害人的惩罚和刑事司法制度中的惩罚,二者基础不同。后者的基础是与犯罪行为的社会危害性程度相适应的刑罚,而不考虑加害人对自身罪行的理解和悔罪程度。而在关系模式中,惩罚的重点在情感层面,惩罚的基础是悔罪。一旦用关系的视角看待犯罪,便开始重新审视西方刑事司法系统的一些基本理念,它们没有我们一直以为的那样精致。
In addition to protecting the society in a timely manner, the judiciary needs to include the following objectives: to enable the perpetrator to understand at the emotional level that the damage caused by the crime does not occur only to the victim, and that everyone involved in the victim will be harmed; to determine the perpetrator’s life Which discordant factors lead to crime and try to shape the various other relationships to reduce the possibility of repetitive crimes; to seek ways that both the perpetrators and the victims can get out of the damaged relationship because they are all Bound in a damaged relationship. It can be seen that the punishment of perpetrators and the penalties in the criminal justice system in the relational model are based on two different bases. The latter is based on penalties that are commensurate with the social harmfulness of the criminal act, regardless of the perpetrator’s understanding and repentance of his crimes. In the relational model, the focus of punishment is on the emotional level, and punishment is based on penitence. Once viewed from a relational perspective, they begin to re-examine some of the basic ideas of Western criminal justice systems that are not as sophisticated as we have always thought.