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本文主要讲的是从古代到近代刑法及其观念的演变过程。本文主要采用的论文叙述法为刑法思想史和刑法制度史的结合。作者认为近代的刑法观念一共可以分解为几个重要的组成部分。公共权力可以惩罚犯罪行为,犯罪既是一种行为,在主观意义上来说也是一种罪恶,而刑法则可以说明是对意志的拯救以及对犯罪的报复。因此本论文由以下几个部分组成,第一,将客观归罪过渡到救赎主观的罪恶,基督教的神学在这一过程中扮演了重要的角色,刑法的主观和客观的统一论在中世纪将主观因素注入到宗教这一过程中形成,第二,刑法人道主义将代替残酷的肉刑。古代对犯罪的惩罚主要是在肉体上进行惩罚,随着资本主义的兴起,逐渐强调了人道主义原则。
This article mainly talks about the evolution of criminal law and its concept from ancient times to modern times. The thesis narration method that this text mainly uses is a combination of the history of criminal law thought history and criminal law system history. The author believes that the modern concept of criminal law altogether can be decomposed into several important components. Public power can punish criminal behavior. Crime is not only an act but also a kind of evil in the subjective sense. And the criminal law can show the salvation of the will and the retaliation against crime. Therefore, this dissertation consists of the following parts. First, the transition from objective impunity to the subjective salvation of redemption, Christian theology plays an important role in this process. The subjective and objective unification of criminal law in the Middle Ages will subjective factors Injecting into this process of religion was formed, and secondly, the criminal law humanitarianism would replace cruel corporal punishment. The ancient punishment of crime was mainly physical punishment, with the rise of capitalism, has gradually emphasized the principle of humanity.