The classical social school was developed on the basis of 18 and 19, when the leading position of the bourgeoisie was constantly strengthened. The view of this school is the reflection and expression of the political status of the bourgeoisie. The philosophical basis of this school is utilitarianism and voluntarism. At the same time, French bourgeois enlightenment thinkers, especially natural law school and social contract theory, also influenced and promoted the theoretical views of classical social school to a great extent. Beccaria (1738- 1794,

In that era when criminal law and its implementation were very brutal and arbitrary, Beccaria was usually regarded as a compassionate reformer. In On Crime and Punishment, Bay thinks that crime is a harm to society. It is this kind of harm to society that guides and determines sentencing, not the direct victim of crime or the abstract monarch. Bei also believes that torture, the death penalty and other "irrational" behaviors must be abolished and replaced by quick trials, and if they are found guilty, they will be punished carefully. Bei advocates giving the defendants humane treatment before the trial and giving them full rights and facilities so that they can provide defense evidence for themselves.

As a radical utilitarian, Bentham applied Beccaria's viewpoint to * * *. Scottish david hume put forward the principle that "the most people enjoy the greatest happiness", and made it accurate through the quasi-mathematical concept he called happiness index, and extended the calculation to evaluate the quality of behavior. Bian believes that the basis of government is not contract, but human needs, and meeting human needs is the only legitimate reason for the existence of government. Bian is committed to transforming the law into an effective and economical means to prevent crime. Like Beccaria, he believes that punishment is the only purpose of crime prevention. Moreover, when punishment brings more evil than pleasure or the same pleasure can be obtained through less pain, such punishment is too expensive. Some people think that the determination of punishment should make the pain imposed greater than the pleasure that criminal acts may bring. In the introduction of Principles of Morality and Legislation (1789), he said, "Nature puts human beings under the rule of two supreme monarchs, suffering and happiness. Only they can point out what we should do and decide what we will do. "

Generally speaking, the main points of the classical criminal school are:

1, On Free Will: Crime comes from people's "free will", and people's choice of crime is determined by utilitarianism; Crime is the result of people's free will choice, not determined by unchangeable personal characteristics or external social environment.

2. "theory of social responsibility": Based on the purpose of criminal punishment, the punishment must be adapted to the legitimate interests of the offender; That is, "the theory of adaptation between crime and punishment". Oppose the retribution punishment that causes the pain of criminals in vain, and advocate that the basis of punishment lies in the real damage caused by behavior to society, not the possible danger.

3. "Legally prescribed punishment for a crime": The law must be established and clear, and it cannot be decided by the judge at will.

4. The death penalty should be abolished and imprisonment should be more humane;

The trial should be conducted as soon as possible.

College of Criminal Anthropology

/kloc-After the 0/8th century, with the development of capitalist industrialization, the number of people with concentrated urban population, poverty, unemployment and vagrancy increased sharply, and social contradictions further intensified. Especially after the19th century, crimes, recidivism and juvenile delinquency in capitalist society surged. It has become powerless to explain and deal with it according to the viewpoint of the classical school. In criticizing the classical school, the school of criminal anthropology has been formed. Cesare Cesare Lombroso (1836- 1909,

Cesare Cesare Lombroso, a famous Italian psychiatrist, was once a professor of military doctors, prison doctors, universities in Bolivia and Turin, and the president of a mental hospital. The representative work is On the Criminals published by 1876. The basic view of dragon anthropology of crime is that crime is the result of long-term human inheritance, and corresponding punishment and preventive measures should be applied to "natural criminals". Its basic starting point is to study crime from the characteristics of human nature and anthropology. His main points are:

1, the theory of natural criminals. This is the most famous dragon view. His theoretical basis and starting point are beneficial to his experience and career. He often meets some criminals who are not physically sensitive. When he was a prison doctor, he investigated the heads of 100 prisoners, and later made anthropological measurements and appearance observations on a large number of criminals, thus forming his view of natural atavistic criminals, the so-called "natural criminals theory". Criminals have some naturally different substances or factors in physiology or physique, which is the characteristic of human beings before evolution. These characteristics are the result of human long-term inheritance, especially atavism. He also believes that different races are related to certain crimes. For example, the inferior race is a savage who is born to do evil. "The Balanz people in Africa specialize in robbery."

2. Individual punishment theory. Long is one of the early people who classified crimes, which corresponds to his crime type theory. He advocates that punishment is different, and the punishment for crimes should be consistent with people's subjective malignancy. For natural criminals caused by heredity, life imprisonment, exile on a desert island, etc. Political prisoners should be sent to hospital, not to the guillotine; Criminals of desire and passion can "try to make them repent".

3. Theory of environmental transformation. According to the theory of crime types and different reasons, Long put forward a new method to control crime, that is, the theory of environmental transformation. He advocated that for crimes caused by hot climate, we can "strongly advocate cold water bath", and for crimes caused by barbaric life, we can "sweep the forest to clear the way and set up a village" and so on.

Ferry lived in Italy in the second half of the19th century and was deeply influenced by Darwinism. At the same time, because Marxist historical materialism was introduced into Italy at that time, Ferry combined Darwinism with Marxism to explain the social phenomenon of crime.

Ferry was deeply influenced by Cesare Cesare Lombroso. In the book Sociology of Crime, he started with the analysis of the data of criminal anthropology, thinking that these data are "a starting point for criminal sociologists, and criminal sociologists can only draw their own legal and sociological conclusions from these data", which is the theoretical basis of criminal sociology. On this basis, Ferry classified criminals, and put forward that all criminals can be divided into five categories, namely, mental criminals, natural criminals, habitual criminals, occasional criminals and emotional criminals, while criminal anthropology materials are only applicable to habitual criminals and natural criminals.

After analyzing and studying the data of criminal anthropology, Ferry used the statistical data of crime to analyze and study various social causes of crime, reached the conclusion that crime is closely related to social environment, and put forward the "criminal triad theory". This paper discusses the causes of crime from three aspects: anthropological factors, natural factors and social factors, and puts forward that anthropological factors of crime are the primary factors of crime. He believes that the anthropological factors of crime include the physical condition, psychological condition and personal condition of criminals; The natural factors of crime include climate, soil, day and night, four seasons and temperature. The social factors of crime include population, public opinion, public attitude, religion, family, education, industry, economy and politics, justice, criminal and civil systems, etc., and each factor is analyzed and studied.

Garofalo is an Italian jurist, criminologist and one of the main representatives of the school of criminal anthropology. Criminology was first published in 1885, and has been reprinted many times. It has been translated into English, French, Spanish and Portuguese. In this book, the author puts forward the concept of natural crime for the first time, and its research results are of great significance to the positivism research method of criminology. Criminology is one of the most influential works in the field of criminology, and its publication marks the legal extension of criminology as an independent discipline. In the book Criminology, he criticized his theory and thought that the explanation of "natural crime" of "real criminals" by Long's theory was inappropriate. But he believes that criminals have some degenerate characteristics, which indicates a "low-level evolution". Real criminals lack altruism, so they can't adapt to society.

Generally speaking, the main viewpoints of the school of criminal anthropology are:

1, on "born criminals";

2. Infinite punishment theory and security measures: Oppose short-term free punishment and advocate indefinite punishment. It advocates replacing punishment and socialization of execution with penalty substitution measures.

3. Social defense theory: it is argued that the purpose of punishment is not retribution, nor so-called containment, but social defense, which is the ex ante defense of legal interests. The so-called social defense is characterized by prevention beforehand and punishment characterized by educational punishment afterwards. Theory of crime saturation:

4. The revision of lombroso's theory by Philip's "Crime Trio" theory.