Essay代写：Bentham utilitarianism－r51due

下面为大家整理一篇优秀的essay代写范文- Bentham utilitarianism，供大家参考学习，这篇论文讨论了边沁功利主义。边沁功利主义刑罚观产生的哲学基础是功利主义，尤其是对近代以来功利主义法律观的进一步描述和阐发。边沁功利主义刑罚观的主旨集中体现在其关于刑罚的根据、刑罚的目的、刑罚的适用以及死刑的限制等方面。这些思想在很多方面都具有创见性，乃至时至今日，这些思想对于正在推进的刑罚改革仍具有重要的启发意义。

Bentham utilitarianism in criminal influence on later in bentham's "great avoid bitter" utility computing, set is calculated using punishment, punishment crime Settings must be greater than the pain for the interests of such a crime and penalty after comparing two calculation, it is concluded that punishment evaluation criterion of setting reasonable or not, formed the modern relationship between the offense and the cost-benefit of legislative idea, relationship of crimes of cost-benefit analysis is a kind of crime in the crime in the process of psychological process and the methods of behavior. In criminal process, prior to the relevant provisions of the criminal punishment to realize criminal behavior will produce benefits and who will pay the cost of a larger, measure the interests of the gain and loss, the sinner to adopt favorable behavior, this theory as a general prevention through in criminal legislation in our country.

In bentham utilitarianism penalty purpose view, you can see in the system of punishment stage, the main purpose of the penalty is general prevention, the relationship between the offense and the cost-benefit of ideas must have effective penalty set a crippling. To curb the occurrence of crime and penalty set must be common mandatory constraint on rational social groups, to ensure that most of the main body of the society before the penalty constraints on their behavior. On the one hand, along with the changing times and the legislative lag, could the benefits of crime gradually is greater than the cost of punishment, punishment of a crippling gradually loses its ability to control effectively, then should use cost-benefit analysis of utilitarianism, set out a reasonable punishment to effectively curb crime. Utilitarian punishment for the society, on the other hand, most people seek the most happiness in the justification of punishment, can the society some damage to the most harmful behavior in criminal law field, use effective punishment a crippling to curb harmful behavior of most people. Such as new technology in the network of all kinds of criminal legal questions, about the criminal responsibility imputation or not, whether the modern type of crime should emphasize "crime" problem, utilitarian considerations should be prudent to avoid criminal law in order to protect the rights and interests of others, damage to the science and technology innovation power of the community as a whole. The scope of the regulation of criminal law should be determined according to the effective suppression of penalty.

Bentham's theory of penalty of utilitarianism argues that the death penalty should be abolished from the four bad characteristics of the death penalty, and it should not be applied in exceptional cases. The abolition of the death penalty has had a profound effect on the later generations, including our country. 13 "criminal law amendment to cancel the death penalty crime and the criminal law amendment to cancel 9 death penalty charges, this kind of gradually to limit the actual practice of death penalty and bentham's theory of abolish death penalty, but there are still many gaps.

The death penalty, under the guidance of bentham utilitarianism, is completely negated by its ineffectiveness, unpardonability, pure evil, and the addition of the right to an appropriate pardon. It should be seen that bentham's theory of capital punishment is well demonstrated, and there are certain experimental proofs in practice. The death penalty has one thousand years has other penal incomparable advantage, capital punishment permanently deprived of criminal crime ability has a crippling effectively, the death penalty deprived of life will produce an effective deterrent to others, the public will fully measure the cost of its behavior, don't rush into other serious crime. Although the obvious advantages, but gradually restrict the use of death penalty is the trend, according to the international general, only to kill or harm national security nature extremely serious crimes such as the use of the death penalty, of nonviolent crime, such as economic crime and property crime does not apply the death penalty. After the gradual abolition of the death penalty in economic crimes and property crimes, the application of the death penalty to violent crimes will be further restricted, and the restriction of the death penalty only applies to the scope of violent crimes which are extremely serious. It can be believed that the death penalty will gradually be abolished.

There before the utilitarian penalty retribution doctrine concept of punishment, the penalty retribution doctrine is focus on crime infringe on the rights and interests to the corresponding revenge, without considering the social average person crime prevention punishment should have need, and to prevent criminal crime and penalty plus or minus accordingly. Therefore, bentham's thoughts on the prevention of utilitarianism inevitably have an impact on the penalty of modern China.

In the evolution of punishment, retributive punishment and the utilitarian penalty from the field to the gradual integration. In this context, the retributive punishment is the basis for the judge to determine the specific punishment amount in the discretion. In this range, the judge decided to prevent the punishment based on utilitarianism, thus forming the sentence. Under the concept of retribution doctrine punishment, punishment only focus on accordingly with the rights and interests of criminal violations, but under the influence of utilitarianism of penalty concept, form the social average person crime prevention and prevention criminal penalty discretion of crime again.

Utilitarian view of punishment in the concrete penalty discretion, focuses on the possibility of a criminal crime again and crime deterrent effect which produces to the social average person, in the process of penalty discretion mainly focus on the special prevention. Because in legislation, the legislators have aimed at every kind of crime violates the right to give corresponding legal punishment, in penalty discretion should not be overly emphasized to add and subtract using general prevention punishment. What consider of delinquents when discretion punishment imposed to prevent you get punishment expected effect on experience is not proof, can only rely on the judge's intuition, and loss of general prevention discretion of certainty. Therefore, the purpose of special prevention is the basic consideration in sentencing. In the special prevention, based on the possibility of crimes committed by the criminal, the punishment system for the punishment of the punishment should be given. It is based on this kind of thinking that China's revised article 62 of the penal code stipulates that punishment should be imposed on the punishment within the limits of the law. Article 63 of the criminal law stipulates that the punishment shall be mitigated, and the punishment shall be punished within the next range of the prescribed punishment. In addition, the "criminal law amendment to the original article 72 of criminal law has made the correction: lighter, of the circumstances of the crime have penitence, did not make the danger and probation to live in a community without significant adverse effects can be suspended. According to the risk of criminal reoffending, the discretion of the criminal will constitute our country's precautionary measure system.

China's penalty under the influence of the utilitarian penalty concept is established, and then the sentencing plot is formed to influence the possibility of crimes. This kind of plot should be excluded as preparation, attempted, principal offense, accomplice, etc. According to China's criminal law and relevant judicial interpretation, there are two kinds of crime prevention and sentencing plot. Delimitation plot mainly included in the criminal law and relevant judicial interpretations, recidivism, make prevent aggravating sentencing plot and surrendered, merits, honest, positive return loss spoils, compensate for the losses, and actively to discontinuation of a crime, and has not reached the age of 18 years old and has reached 75 person crime prevention can reduce the sentencing plot. When discretion prevention and punishment, to grasp the essence of the criminal law provisions sentencing plot according to, to determine whether a criminal is c -, and were less likely to make the sinner or more, to determine criminal special prevention big or small. In order to predict the possibility of crimes, it is necessary to consider the criminal law to prevent the crime. The first thing to consider is the performance of a crime that shows the actor's consistent performance. However, the poor performance should be controlled in a very small scope, focusing on whether the defendant will commit another crime in the future, not to judge whether other crimes will be committed in the future. However, in the study of the crimes committed by the victim, only the motive, means, confession and penitence of the criminal are studied, and the sentencing problem is rarely studied from the perspective of the victim. Some think that criminal behavior is one-way, i.e. cause, crime, murder, punishment, only when how to consider the influence of the crime to the criminal, do not consider an offender and the victim fault two-way relationship, it's not influence the judge sentencing, lack a from the criminal law theory, defining the level of the victim fault and analysis, the lack of a kind of both dynamic response behavior, is not really the victim fault as discretionary preventive sentencing plot shall apply accordingly.

Is set at the penalty discretion inmates crime began to make the possibility of sentencing, but things are changing, inmates in the process of serving, the execution of punishment will slowly change life habits, character and standard consciousness of the inmates, gradually remove to serving staff of personal danger, again according to the discretion of punishment of execution in place at this time, can affect the effect of penalty execution, will reduce the transformation's enthusiasm, at the same time is not easy to really prevent the possibility of inmates it again, so it should be in accordance with the inmates of the actual changes make the possibility of change is serving time limit, make their return to society, so as to drive the other inmates positive transformation. There are two major systems of commutation and parole. According to the survey, the percentage of criminals who are released on parole is far lower than that of the criminals who serve the entire prison sentence, and the total ratio of the offenders who are released from prison will be lower than that of the offenders. The rate of reoffending is significantly higher than that of those who are released on parole, but far less than those who have served a full sentence. Therefore, our country punishment should actively change the penalty for criminal procedure, and should make court ruled to criminals of commutation and parole more in line with the special prevention of utilitarian thinking, design scientific and reasonable procedures, make the possibility of reducing inmates.

Bentham, in 1785, proposed the design of a circular prison, a central tower and a 360-degree ring of multiple cells. One of the two Windows in each cell faces the tower, and the other, on the opposite side of the tower, can see the situation from the outside. This prison has centripetal horizontal visibility and invisibility, supervisors in the center of the tower to see the prisoner's every move, prisons as a whole is like a multi-level three-dimensional, can show the prisoner current movements and expressions. The prisoners, however, were not able to observe the supervisor's information. Such a look-out asymmetric relationship, let inmates in an exposed - monitoring environment, thus urged the inmates to form a kind of self management and discipline of psychology to allude, realizes the prisoner's self management and control. This kind of asymmetric information enables the supervisor to make relevant rules and regulations to restrain the prisoners according to the situation of the prisoners, and gradually realize the transformation function. Bentham open outward in a circular prison a window, not only used for ventilation, lighting, and because the bentham hope building near the big cities, make prison a living reminder, let the social masses about the crime of people serving status, so as to prevent social average person crime.

Although there are only a few in practice, this kind of circular prison is not universal, but it provides an idea that it should be changed from punishment to monitoring. Prison should not only fulfill the function of penal execution in our country, but also in accordance with the requirements of the enterprise, the pursuit of economic interests, to undertake production functions, gradually weaken the should constantly strengthen consciousness of improving the quality of the education reform. The reform of the "oneness of the enterprise" is not complete. The prison is the condition of penal executor and enterprise management personnel, but there is no fundamental change. In addition, there is a fear disclosure in the use of the Internet to disclose the execution of criminal punishments, and the fear of public opinion and low disclosure rate. Such an open circular prison prison, for the modern prison approach provides a reference to, use of science and technology, information technology, such as real-time monitoring inmates, exposing inmates form - monitoring of psychological suggestion, let inmates to learn self management and control, and at the same time the life records, character and other data, so the effective correction mode, a targeted reforming prisoners, preventing crime again after out of prison, the rehabilitation of inmates will be implementation. Second, the circular prison also revealed that our punishment should be carried out separately. A single prison, which avoids cross-infection among prisoners, spreads criminal experience, and prevents prisoners from forming alliances. Third, circular center tower and in the surrounding of the prison room is isolated, so regulators and inmates isolation guarantees the inmates from innocent insults and beatings, at the same time provides the security of the personal safety of regulators. Finally, circular prison execution for people in the society to see penalty execution, inspired the way we should be transparent implementation, timely and perfect execution mechanism of information release, monitoring, guide, such as valley spread and Mr Liu's sentence was transparent, let society public real feelings of deterrence, punishment to form a brake of ordinary people in society, social public crime prevention.

On the way to abolish the death penalty completely, based on the fact of our country, it is far from the pace of qin's thought, but in the gradual abolition of the death penalty step, it also began to take substantive steps. Such as the amendment of the criminal law article 383, the crime of embezzlement and bribery, the amount is especially huge, and the interests of the state and the people were particularly serious losses, the death penalty, was sentenced to death penalty with suspension of execution, if the people's court according to the circumstances of the crime, and so on and so forth can be decided at the same time suspended death sentences in its commuted to life imprisonment in accordance with the law after the expiration of two years, life imprisonment, commutation and parole is not allowed. Such a punishment for life imprisonment is a copy of bentham's idea of abolishing the death penalty for life imprisonment. Life imprisonment punishment execution measures to overcome the immediate execution of a death penalty severity, both at the same time also replace commuted to life imprisonment in corruption and bribery crime, then can be commuted inefficiencies of the release of the prison on parole. Has double efficacy the execution mode, and restrain criminal crime again already, more major is to make the society to form a kind of punishment of corruption crime deterrent of execution, threatening to prevent state personnel that "corruption is crime, much corruption a less punishment" the concept of punishment, to carry out the life imprisonment is greater than the utility of the death penalty claims of utilitarianism.

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