刑罚个别化是近代学派全部理论的实质和核心,是近代学派的犯罪观和刑罚观在罪刑关系上的反映。
The Criminal Individualization is the essence and the core of the overall theory of the positivist school and is the reflection of the views on the crime and penalty in the crime punishment relations.
尽管造成当下犯罪率攀升之原因是多方面的,但犯罪观与刑罚观的错位以及罪刑模式的失当,则是其中最为主要的原因,有给予重新定位之必要。
Though there are various causes for the increasing crimes, the major one is related to the wrong concepts of crime and punishment as well as the existing penalty models.
一元论的预防犯罪的刑罚目的观在我国刑法学界处于通说地位,但这一观点近年来不断面临挑战。
The monism that the aim of criminal punishment is to prevent crimes is a generally accepted theory in the academy of criminal law. But this viewpoint has been facing challenges.
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