| The theory of punishment is in the central position of the theory of criminal law. China should choose the unified theory which is based on prevention takes into consideration different types of punishment and different stages of development of punishment. First of all, the formulation of"the unified theory based on prevention"reveals the global characteristic of this theory. Secondly, this theory is a unification of the theory of justified ret ribution generally embodied in the death penalty, the preventive theory generally embodied in other punishments,the theory of general prevention embodied in the legislative stage, the theories of special prevention and ret ribution embodied in the judicial stage, and the theory of special prevention embodied in the enforcement. Through this new choice, the theory of the purpose of punishment of the Chinese criminal law summarizes and absorbs various theoretical element s of retribution and prevention and arranges them in different levels with different emphases. |
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