北大法律评论（第2辑）

出版时间：2010-7  出版社：北京大学出版社  作者：郭雳 编  页数：250  
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内容概要

After its exciting debut in 2008, the Peking University Journal of Le-gal Studies has received worldwide attention and acclaim and has beenincluded in leading global academic databanks such as HeinOnline. Inthis volume, we have included an even more dynamic collection ofscholarships, on a variety of topics valuable to the Chinese legal devel-opment and from a diversified group of authors both at home and a-broad.

书籍目录

Symposium　Crime in China, 1949-2008 　On China's Death Penalty System 　Study on China's Criminal Law Response to Anti-Money Laundering in Light of International Evaluation　Rethinking the Purpose of Criminal PunishmentArticles　On the Method of Searching for Guiding Cases: on the Basis of Trial Experience　The Legislative Models and Practicing Experiences of the Business　Mergers and Acquisitions Act in Taiwan, China　How We Regulate Executive Stock Options: The Interaction of Law and Accounting　Self-Regulation of Business Associations and Companies　Freedom of Contract under Heavy Regulation as Reflected in Real Estate Transactions in Mainland China: ,Judicial Relaxation of Real Estate Transaction Regulation　The Competitive Edges of China's Resource-for-Infrastructure Investment Contracts in Africa

章节摘录

插图：So far, there are various theories of purpose of criminal punish-ment, which can be generally categorized into three groups: AbsoluteTheory, Relative Theory and Mixed Theory.Absolute Theory includes various arguments in support of retalia-tion, vengeance or revenge, and especially retribution. Relative Theoryrepresents the concept of deterrence, education, and rehabilitation, andit is generally known as general prevention and specific prevention. Mixed Theory is a general term covering all approaches that combinetwo or more theories or hypothesises to establish a purpose of criminalsanction.Absolute Theory has been suffering significant critiques for its se-vere nature and its support of the death penalty and corporal punish-ment, though its core rationale is commonly accepted by modem theo-ries of criminal punishment, which argues that punishment should belimited by the guilt of a criminal, as contained in the principles of pro-portion and guilt. Relative Theory has been appraised for its spirits ofsocial protection and resocialization, which is, to deter an individualfrom committing crime again through imposing criminal punishment（negative aspect of specific prevention）, to educate the individual dur-ing criminal punishment （resocialization） in order to prevent him fromcommitting crime again （positive aspect of specific prevention）, to in-flict criminal punishment upon an individual to deter others from com-mitting crime （negative aspect of general prevention） or to encourageothers in abiding by the law （positive aspect of general prevention ）.However, it is commonly deemed as weakness that Relative Theorydoes not provide limitation for punishment, which could allow a State'sunrestrained power to punish.

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《北大法律评论(第2辑)》是由北京大学出版社出版的。