We cannot expect a formulated by virtue of the people must be a good constitution, on the other hand, because there is a good constitution, we can expect a person of good moral character of the society.

                                      - Emanuel Kant

One, the life of Kant

Immanuel·Kant(ImmanuelKant,April 22, 1724----February 12, 1804., German philosopher,GermanyThe founder of classical philosophy, he is considered to be one of the most influential thinkers in modern Europe, tooEnlightenment campaignThe last major philosophers. Criminal jurist Kant himself not in the strict sense, research on the criminal law has no system of complete theoretical system of criminal law, but the Kant problem for some brilliant expositions, scattered in his philosophy,In ethics, he made some conclusions on criminal issues even is contained in some of his philosophy,Legal viewpoint, therefore, we only in his philosophy,Analysis were summarized based on the study of the law point of view, to find his relatively systematic thoughts of criminal law.

1724April 22ndKant was born inEast PrussiaCapitalKonigsbergA saddle maker family, family are devout protestants;1740Get intoUniversity of KonigsbergThe study of philosophy,1745From graduation1746From Kant to a rural aristocratic family as a tutor for nine years;1755Kant returned to the University of Konigsberg, complete the university studies, obtain supernumerary lecturer lecturer qualification, 15 years, teachingPhysical geography,Mathematics,Dynamics,Engineering,Ethics,Natural Science,Physics,Male scienceScience, according to foreign the Kant's biography, list a busiest day schedule: 8-9 logic, 9-10 mechanics, 10-11 theoretical physics; afternoon 2-3 natural geography, 3-4 mathematics;1770Kant was appointed professor of logic and metaphysics;1786To the president of the University of konigsberg;1797As university faculty;1804February 12thDied.

Two, Kant's main works

"Metaphysics of law" (1797) the main theory of law, Kant, heIn this book expounds his legal thoughts. The origin of his legal thoughts, mainly from Rome and the French Enlightenment thinkers, especially Rousseau and Montesquieu. Kant's law theory has the distinct representative, on behalf of a number of important viewpoints of the western legal tradition.

"The critique of pure reason("1781) - the book is recognized as "the most widely spread, the most influential works in one of the profound, is also the history of western philosophy is the most important and most works.

"The critique of practical reason("1788)The previous works of Kant"Critique of pure reason"The end result and purpose. So-called"Practical reason"Practice, refers to the subjective will, for the rational criticism practice, is to investigate the rules of moral behavior will essence as well as the principles they follow. The book includes pure practical reason of the original theory and pure practical reason method of two parts. The book is of great theoretical significance, it is the issue of human subject prominence, emphasizing the dignity of personality and lofty, showing strong humanistic spirit.

"The critique of judgment("1790)In "critique of judgment", Kant sought two division of the world communication, think free moral laws to achieve in the perceptual world, which is the reflective judgment. With both intellectual properties, and rational nature, from special to universal reflective judgment according to the natural purposiveness to communicate knowledge and morality in two major areas, the realm of necessity and moral to realize the nature of the free kingdom of harmonious, Kant between epistemology and ethics in the construction of a reflective judgment, finally completed the A priori the philosophical system, the book is divided into "aesthetic critique of judgment" and "the purpose of the critique of judgment" in two parts.

"Three critics"The publication marked the completion of Kant philosophy. Three criticism discusses epistemology, ethics and aesthetics.

Three,Kant's main thoughts of criminal law

Kant's ideology of criminal law mainly has following several aspects.

(a) Kant's moral responsibility

    Kant believed that justice is the common basic moral rules and laws, the law of morality is the natural law, national legislation existed before so, law is shouldering the inevitable moral mission, legal liability is injected into the norm of ethics, a moral responsibility.KantIsAgainst utilitarianismThe. In his view, all human beings have their own dignity, and we must respect human dignity. The individual is sacred, the reason is not that we own ourselves, but because we are rational, stand on one's own, that is to say, we have the ability to freely choose and action. Freedom is the keystone of Kant's moral philosophy. He is a strict definition of freedom. He thinks, when we like the animal as the pursuit of pleasure or desire to meet, or the avoidance of pain, we are not really free, because in this way we will become the slaves of desire and impulse. Real freedom of action is independent, follow me to set their own rules and action, rather than the natural law or the law of cause and effect. Kant thinks, it is our ability to act freely given human dignity. Respect for human dignity, means not only to the people as a means to an end, but also to the people as ends in themselves, and that is why, in some people's happiness, while the use of others, is wrong. This is why we need to respect the dignity of persons, safeguarding the rights of others.

Kant"Free"The definition is very strict, and he"Morality"The regulations also harsh. He thinks, determine whether an action is moral, depends on their motivation. Really the behaviors with moral value must be the motive of duty based, rather than out of interest, the impulse and desire."Based on the inner sense of obligation and the action, and not on the external driven desire and action, this action is the moral, and only in this way, the behavior is free, truly autonomous; only in this way, I will not determined or governed by external factors. This is Kant's concept of freedom and morality between."
    On the relationship between law and morality, Kant thought, basic ethical standards is not only to regulate people's thought and behavior, but also the national legislation must comply with the basis and criterion of value orientation, two are consistent. Because the core value of law is justice, and justice is the essence of ethical rules, therefore, the law itself shoulders the mission of moral ideal, legislative process itself is a process of legalization of morality. But the two are different, substantive law the external behavior of the people, the entity law is restricted by external force people to people to do something, to determine the legality of behavior. And the moral law as the moral law to regulate people's inner consciousness, encourage people to consciously implement should implement the behavior, determines the behavior of morality. Based on the rules of ethical responsibility is a moral duty, and when the ethical rules are incorporated into the law to go, the moral responsibility becomes a legal obligation. Crime is a serious violation of the legal obligation, this behavior is not only reflected in the external for the violation of national laws, violated the freedom of others, causing harm to others and the society, but also on the subjective is behavior person heart violated the ethical rules. The behavior of people based on their own free will and the implementation, he must bear the corresponding responsibility for the harm behavior, this responsibility belongs to a typical moral responsibility.

Two.KantThe theory of social contract

Kant believed that "the ethics of justice arising from a contract", However, he said the contract, is a natural existence is very special, contract. This contract is special, it is not an actual contract; do not need the public discussion. Kant points out, this can produce a fair contract, rational. It is not by a group of people to discuss the. Why not? Because if the discussion, these people have different interests, values, goals, different negotiation skills, knowledge differences. So, from their deliberations legal is not fair, not necessarily consistent with the principles of justice, but only reflect different negotiation ability, different interests of different interpretation of legal or political. So Kant said, "to produce the principles of justice of contract, is the rational. But it has feasibility undoubtedly. Because it forces every lawmakers to representatives of the whole nation law."Kant accepted the theory of social contract, Rousseau and other enlightenment thinkers, origin and as the national penalty power. He thinks,The moral force of actual contracts with two different ideas: autonomy and reciprocity.Kant is convinced that life is freedom, and that people have two kinds of attributes of social and non social.Social people have tendency to get along with others, and with something more than the development of natural talent, rather than a strong tendency to social and people with personalized itself, is completely in accordance with their likes and dislikes,Personal interests to determine their own actions. These two properties on the formation of the two forces fighting in the human body. This confrontation will promote people to mobilize all their own initiative to seek interests and personal development, thus forming a survival competition.

Kant's theory of social contract with the previous social contract theory is not the same, the social contract is not a historical fact, but for the sake of rational principles, according to the principle of freedom of contract is the contract, and make is to comply with the equality principle of citizens. He thinks, the so-called contract is people organized to ensure the universal rights of every human, so as to build a fair society. The thought of Kant is very advanced in time, because in the Kant era, both Britain and American are not universal suffrage. When some people have the right to vote, but that is how many in your property to determine your vote. In Kant's view, a justice society is a rights based, is everybody through a Contract negotiated, the contract is to protect everyone has rights. However, Kant himself thinks, the country once established, the citizen has the absolute duty to obey, countries also enjoy the highest power absolute domination of citizen, citizen is not confrontation, to overthrow the existing regime of rights, even countries in the abuse of power, at the same time, citizens must obey the laws of this country, which if this law is a bad law.

Three.Kant's theory of punishment

The criminal classical school advocated the retribution idea.Kant penalty moral retribution doctrine: freedom is the transcendental philosophy,Inherent,Rooted in human nature, freedom is the premise of the moral law,Morality itself is objective,Is not the means,The moral law is the law of nature,Will the evil is the punishment according to the,Equivalent is moral retribution standardTherefore, the penalty, cannot be as intimidating others means, but only a hate crime person. Absolute retribution as intimidate others means, but only a hate crime person. Kant think retribution punishment has its justification:

First, the legitimacy of punishment. "The court punishment can not simply as a means of promoting good, whether for the offender or the civil society. Punishment in any case, must be just because a person has committed a crime to punishment on him. Because a person should never to reach the purpose of others only as a means of...... He must first be found guilty and punished, and then we can think for himself or for his fellow citizens, what lessons from his punishment. Generally, this paragraph of word reflects the extreme retribution Kant's theory. Kant here with particular emphasis on the punishment of moral basis lies in justice, rather than utilitarian. We need to pay attention to is, Kant rejects utilitarianism as the justification of punishment, but not against the utilitarian considerations on the premise of justice. In the justification of punishment, Kant does not necessarily against utilitarianism, just put utilitarianism in second position after considering justice. Further inference, Kant actually implicitly acknowledges, justice is an important ethical basis of justification of punishment, but not the only one. In this sense, Kant is not a pure retributivists.

Second, isometric retribution. Kant thought that "if you slander others, you slander your own; if you steal other people's things, you just stole your own things; if you hit someone, you hit your own; if you kill someone, you kill yourself." This is the right to revenge. However, must clearly understand, which is different from the pure personal judgment, it is the only principle governing the public courts. Can clearly decided in two aspects of quality and quantity according to the principles of justice of penalty.

The philosophic theory is non free meaning theory. Because the method is based on the evaluation of religious philosophy of Kant's philosophy and ethics and morals. In crime and punishment on the issue, mainly focus on the "existence" is fixed already exists, or the main focus on the objective behavior of the past, but few people study the implementation of crime. According to Kant's ethics, people already have an inherent command force, which determines the recognize actual behavior, and to have the moral nature, Kant think this is over the history of moral,Super Society,Universal,Absolutely,Eternal, is anyone,Any time,Any place,A code of conduct to comply with and implement the must under all conditions, which is also reflects the absolute command concept of law philosophy. "". Observe and execute this command is everyone's responsibility. This is everyone's responsibility itself means a kind of moral. Contradictions exist in realistic society's morals and happiness. If morality and happiness to achieve harmony, will reach It's perfection itself. realm, but this state will never reach. Contradiction in real life is inevitable, when has the contradiction or conflict, people should be in accordance with the "absolute command" by moral condemnation. Kant thinks that violates the inevitable consequence of the "absolute command" is "absolute punishment". In this way, the absolute penalty itself contains the essence of moral justice, equal, it contains the same amount of revenge retribution significance. He also thinks, the penalty is a crime "reactionary" or "equivalent reactionary or anti colonial". This directly reflects the amount of retribution retribution.
    Kant. ScienceTheories are one-sided,A moral have heteronomy:The origin of morality in the social interests.Ethics is the social benefit.So,The behavior of human moral evil,Should from two aspects to evaluate:One is from the behavior of human free will breach"Internal"Moral responsibility side to evaluation,Two is the social from"External"Make a negative value judgment to evaluate the subjective side of evil.These two aspects of evaluation for punishment"Match","Study of light"Provides according to.

      Three, Kant's thoughtEvaluation of academic influence

      Kant is not a criminal jurists, but his ideology of criminal law throughout the entire19This century old law, and the way to today's criminal law mountains, whether it is19Criminal jurists century, or the world criminal law, no one can keep from talking about to pay no heed to kant.Kant's life is not only the human natural science has made a significant contribution, but also of Humanities and social science, especially made great contribution to the development of Western philosophy. Many of his philosophy is directly related to the field of criminal law, helps us to understand some basic theoretical problems in criminal law, for example, the national penalty power, especially the power penalty, criminal responsibility according to the criminal law and the essence as well as the purpose and function.

However, many of his ideas are also exist some defects, for example, the citizen has no right to overthrow or change of state power, it may be some justification for the existence of state. And in the relationship between crime and penalty, advocating equal retribution, unable to truly achieve the aim and function of penalty, because the types and styles of penalty is limited (limited due to limited life and physical endurance degree), and the crime is unlimited, limited penalty types and methods cannot effectively, deal with infinite kinds of crimes, therefore, his equal retribution soon replaced by equivalent retribution Hagel.

    The famous writer Henie of Germany have such a vivid description of Kant: "I believe, even the city church clock is not like its fellow Kant did follow the prescribed order be consistent from beginning to end to complete each work day it. Get up, drink Coffee, writing, lecturing, eating, walking, all the time, the neighbors know, when Kant was wearing gray coat, with a rattan stick, from the door, walk to the bodhi tree Lin Avenue is the afternoon3Half past, the people still take this road called philosophers Lu · · · · · · ·"