Abstract

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Keywords:: theory of conduct without value; theory of consequence without value; purpose of punishment; positive general prevention

Abstract:: Crime and punishment are two notions corresponding to each other. A reasonable theory of illegality must be related to that of punishment which can give full play to its effect. Without adequate understanding of punishment, it is unlikely for us to reveal the essence of crime. Both specific prevention and negative general prevention first proposed by Feuerbach have obvious defects. Positive general prevention aims to build the public’s identification with and respect for social norms by guiding their behaviors so as to prevent crimes. The dualism of conduct without value and consequence without value holds that the essence of crime lies in infringing on legal interests through violating norms. Thus, the purpose of criminal law is to safeguard social norms and legal interests. Instead of deterring criminals, potential criminals and common people from committing crimes, we should highlight the significance of norms and guide the public to abide by them. Hence, it is advisable to integrate standard positive general prevention with crime and punishment. Positive general prevention helps to identify discontinuation of a crime and criminal negligence. Meanwhile, it will not bring about severe punishment and arbitrary limitation on individual freedom.