论文部分内容阅读
近代英国犯罪刑罚方式的转变是其政治制度理性化、文明化的重要体现。在18世纪,以绞刑为支撑的血腥惩罚体系占据主导地位,死刑的执行主要在于威慑民众、遏制犯罪,但由于立法与实践的脱节使其实际效果大打折扣。流放是一种过渡性和替代性惩罚,它在使许多犯人逃脱死刑和肉身惩罚的同时也被指责过于滥用。在经历了一场“废旧立新”的社会争议和监狱改革尝试以后,到19世纪中期,监禁作为一种相对现代化、人性化的刑罚制度得以在英国最终确立。
The change of criminal punishments in modern England is an important manifestation of the rationality and civilization of its political system. In the eighteenth century, the bloody punishment system supported by hangs dominates. The execution of the death penalty mainly aims at deterring the public and deterring crimes. However, due to the separation between legislation and practice, the actual effect is greatly reduced. Exile is a transitional and alternative punishment that has been accused of being over-ridden while leaving many prisoners to escape from death and corporal punishment. After experiencing a social discord and prison reform attempt, the prisoner’s life as a relatively modern and humane punishment system was finally established in the United Kingdom by the mid-1800s.