On the Purpose of Penalty

The purpose of penalty is in the core position in penalty theory,which has a direct function in guiding the penalty contrive and application.The theory of penalty purpose in western countries has a long history and it can be divided into the theory of retribution penalty,purpose penalty and compromise penalty.In China,there are some discussions and comments on penalty purposes: the penalties for justice,for preventing crimes or for the protection of the basic human rights of all citizens including perpetrators,which are referential in establishing the penalty purpose,as it is incomplete to choose any one of the penalties as the penalty purpose.In order to protect the basic human rights of all citizens including perpetrators,the purpose of penalty which China should have is the fair penalty to crimes and to the prevention of crimes.