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在人类文明的漫长进程中,刑罚思想从报应主义到功利主义,发展到注重个人价值、个人利益的理性主义刑罚理论。伴随着人们对单纯刑罚缺陷的反思,“恢复性司法”理论越来越得到大家的认同,刑罚轻型化逐渐成为新的发展趋势。而相对不起诉的被不起诉人,因其犯罪危害性和主观恶性较小,社区矫正便成为惩罚与矫正互补的优先
In the long process of human civilization, the penalty theory has developed from retributiveism to utilitarianism to a rationalist penalty theory focusing on personal values and personal interests. With the reflection on the simple penalty of punishment, the theory of “restorative justice” has been recognized by more and more people. Light punishment of punishment has gradually become a new trend of development. However, the non-prosecutors who are relatively non-prosecuted, because of their less harmful crimes and subjective viciousness, make community corrections a priority that complements punishment and rectification