贝卡里亚立足于功利主义原则,提出了以预防犯罪为主要目的的刑罚理论即目的刑论。然而,目的刑论由于存在诸如违反罪刑均衡原则和破坏社会正义等等方面的弊端。因此,将目的刑论与报应刑论相结合而以报应为主、兼顾预防的折衷主义刑罚理论便成为我们必然的选择。 Based on the principle of utilitarianism, Beccaria proposed the criminal theory of criminal punishment with the main purpose of crime prevention. However, the purpose of the theory of punishment due to such as the principle of violating the balance of crimes and disrupt social malpractice and so on. Therefore, it is our inevitable choice to combine the principle of punishment of punishment with the theory of retribution and retribution in order to give priority to retribution and to take into account the precautionary principle of compromise.