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自保威慑论是一种足以与报应主义、功利主义相抗衡的新的惩罚理论,其对国家惩罚系统的辩护可以分为两步:如果个人有自我保护的权利,则其就有使用自动惩罚装置的威慑惩罚权:在个人具有这种威慑惩罚权的基础上,其将该权利让渡给国家是合理的。根据自保威慑论,刑罚正当性的判断标准,在于该处罚是否具有足够大的威慑成功率,预期威慑率大于阈值T的惩罚方可获得道德辩护,这就是“自保威慑原则”。当然,自保威慑论也可能面临诸如第一推动难题、模型妥当性和重刑主义倾向等问题。
The theory of self-preservation deterrence is a new theory of punishment that is sufficient to resist retributivism and utilitarianism. Its defense of the system of state punishment can be divided into two steps: If an individual has the right to self-protection, he or she will use automatic punishment The deterrent power of a device: It is reasonable for the individual to transfer that power to the state on the basis of the individual’s right to punish such deterrence. According to the self-preservation deterrence theory, the criterion of the justification of a criminal penalty lies in whether the punishment has a sufficiently large success rate of deterrence. Only if the deterrent rate is greater than the threshold T can a moral defense be obtained, which is the principle of “self-protection deterrent.” Of course, self-preservation deterrence theory may also face issues such as the first impelling difficulty, the properness of the model and the heavy penalties.