The gravest problem of justice in the transitional state from autocracy to democracy is the problem concerning those perpetrators who committed massive crimes with impunity. The main reflection of this thesis is put on the German experience of transition and on the trial of Eichmann in Jerusalem. Apart from these empirical materials, in this thesis, the issue of justification of punishment and related system in the context of massive atrocity is able to be dealt with from the learning of the said empirical materials. For preventing the recurrence of massive atrocity, the central undertaking must be started from the consideration of system. Thus, the preventionism, based on the consequentialism in theories of punishment, provided various reasons for several possible systems of preventing crime. While seeking the reason for the prevention of crime, the preventionism have to give consideration to calculate utilities without sacrificing the innocent. Only if there is a set of upbringing of human rights program be built into the system itself in the goal of preventing crime, the agent in the system can seriously treat the punishment of the innocent and the massive crime of human rights as wrongdoing. In this way, when the agent in the face of system, reforming the system, and implementing policies, he can take action in accordance with the perspective of holding human rights. The meaning of putting those perpetrators who committed massive crimes to trial is both denounce their action as wrongdoing and denounce the system, itself as foundation for their evil action, as the system of violation of human rights. Through such court of human rights, the perpetrators’ responsibility for atrocity not only can be properly investigated, but the wrong of system can be amended in the meantime. Further, it can promote the reformation of system and can prevent the institutional recurrence of massive crime of human rights in the future.
Key words：Arendt、Jaspers、Nino、Human Rights、Responsibility、 Transitional Justice、Punishment、Nuremberg Trials、Nazi、 Eichmann、Preventionism、Retributivism