The Doctrinal Significance of General Prevention in Criminal Law

摘要

The penal purpose of general prevention is a new doctrine in criminal law theory. The modern concept of general prevention includes four aspects: pursuit of such effects of general deterrence, social learning, loyalty to law and satisfaction. General prevention can be justified criminal legislation except punishment of death penalty and it is regarded as the minimum requirement when distributing punishment. General prevention is in a central status in criminal law theory and practice, which means it is able to be the core of penal theory and logical starting point of crime constitution system theory.