刑法在中国的历史上是发展最为完善、最为系统的一门学科,而刑法的目的从古至今也被不同学者争相讨论,但是至今并没有一个被众多学者认可的学说。刑法是由国家制定的,代表国家意志和人民利益,因此刑法应当是为了保护人民利益,维护社会秩序而去惩罚犯罪,而不是为了惩罚犯罪行为而制定刑法。 Criminal law is the most developed and systematic discipline in the history of China. However, the purpose of criminal law has been contested by different scholars since ancient times, but so far there is no doctrine recognized by many scholars. The criminal law is formulated by the state and represents the will of the state and the interests of the people. Therefore, the criminal law should punish the criminal rather than punish the criminal in order to protect the interests of the people and maintain the social order.