尽管龙勃罗梭因为天生犯罪人论而备受误解与非议,但他唯一不能释怀的却是托尔斯泰的批判,并甚至为此专程远赴俄国希望获得对方的理解。这就为我们开启了一扇重新审视实证主义犯罪学的窗口。天生犯罪人论不过是一个以社会防卫论为刑事政策指向的庞大学术工程的开端。实证主义犯罪学通过批判过往的刑事理论,彻底扬弃了以报应为核心的刑罚观;将关注的重点从犯罪行为转向了承受刑罚之痛的主体——犯罪人;进而提出了革命性的犯罪人矫治理念。 Although Robethoos was misunderstood and criticized for his innate perpetrator theory, the only thing he could not say was Tolstoi’s critique, and he even made a special trip to Russia to gain the understanding of each other. This opens up a window for us to re-examine positivist criminology. The theory of innate perpetrators is but the beginning of a massive academic project directed by the criminal policy of social defense. Positivism criminology, through the criticism of the criminal theory in the past, has completely abandoned the concept of penalty centered on retribution; shifted the focus of attention from criminal behavior to the subject who bears the penalty of punishment - the criminal; furthermore, he proposed the revolutionary criminal Correction concept.