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Theory Of Personality Defect

Posted on:2014-03-15Degree:DoctorType:Dissertation
Country:ChinaCandidate:W B YangFull Text:PDF
GTID:1226330425467558Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Personality defect of external performance is the objective and subjective demand of things, on the basis of the need to produce the various defects including crime behavior. In terms of criminology, its essence is the personality defect prompted the crime consciousness generated, on the basis of this kind of consciousness, defect remedy behavior may be outside into a crime. As a result, the personality defect is a crime to generate the deepest level of psychological reason.When personality defects appeared in the field of criminal law and criminology, it highlights a problem:the personality defect of science demarcation. Criminal law educational world often use the word criminal personality expression, in view of the criminal personality expression has a lot of, such as "antisocial personality","criminal personality","criminal personality","criminal personality" and so on, but the meaning about the same. And come to the conclusion that the crime prevention of personality is nothing more than to create a good environment, strengthening the psychological health and strengthen the psychological consultation, etc. You can see that the punishment law research in China, most of criminal personality is equivalent to the subjective vicious, personal risk, so based on the criminal personality research conclusion and research basis of the conclusion of criminal subjective thinking, explore, based on the research conclusion of criminal personality basically is the study of criminal subjective affect the criterions for the conviction. Academia acknowledges that people don’t necessarily has the personality defects will generate the crime, the personality defect is a necessary condition of crime, is not a sufficient condition. There is contradiction, have personality defects of normal external character table and no crime, no crime motive, even can’t call it the "criminal personality" the theory, thus should be gradually clear the concept of "criminal personality", unity and standardization of using the word "personality defect". Academia was used "criminal personality", backward from the crime to the criminal process of inner, so usually preconceived mind-set. In fact, the personality defect and no right and wrong evaluation, psychological personality defect is not equal to crime, it is a neutral, normal people may also produce personality defect. It is normal personality in certain social environment under the influence of the mutation, can say that every person has different levels of personality defects, to achieve the perfect personality of people is almost non-existent.The personality defect happened because healthy personality defects appeared in the process of social demand, leading to the onset of personality defect. Individuals in the process of socialization to have a correct understanding and cognition on social norms, problems in the process of docking or show the personality of sub-health state, even intends to break through the social norms, from this perspective, the personality defect is externalizing manifestation of disorder appeared in the process of individual socialization. Demand defects is objective, it is not because of the action of external things and change, and whether can by evaluation of the criminal law is a person how to treat this kind of demand defects, is through the proper way to make up for, or through illegal means to make up for. This kind of defect by offset demand to correcting the personality defects of the natural process called self-affirmation demand theory.Full text revolves around the basic theory of the personality defect, this paper mainly divided into five chapters:The first chapter, human nature, crime and criminal law. Mainly elaborated under the theories of human nature assumption of ancient and modern, Chinese and foreign criminal idea and criminal law, analyze the humanity hypothesis theory in the research of the criminal law about criminal significant impact.The second chapter, the dialectical theory of human nature with the crime. Main make reflection on traditional theory of human nature assumption, and import the self-affirmation demand theory as the basic theory of human nature. On this basis, use a neutral perspective combing out the occurrence of crime process, to clear the personality defects in the stage and function in the process of criminal behavior occurs. The third chapter, the basic theory of personality defect. Mainly to the personality theory in criminal law, and to make a scientific definition of personality defects, points out that the essence of the personality defect is defect people demand, sentiment cut up demand defects of a process.The fourth chapter, the personality defect formation mechanism. Mainly elaborated the personality defects generated contains innate biological factors (physiological factors, congenital and acquired social factors. Pointed out that the person produces demand self-approval is the cause of the generation of demand, on the basis of this new demand defects, the next thing is to seek ways to make up for the defect, make up for the defect consciousness means that create the personality defect. And make up for the way to no more than two kinds:one kind is the proper way, as a kind of dispute. Behavior person intention in the latter to make up for the defect, it is possible to generate theory described in the true sense of "criminal personality".The fifth chapter, the personality defect and crime, the relationship between the execution. Mainly elaborated the neutrality of the personality defect of external two objective performance, is a kind of benign development, is a kind of malignant transformation, which is likely to translate into a crime. Personality defect of crime conversion is subjective and objective, the main three aspects of common factors, and to put special emphasis on personality in the process of execution.The sixth chapter, defect correction of personality and social support system. Mainly elaborated the personality defect formation mechanism, to form a comprehensive range of social prevention measures.
Keywords/Search Tags:Personality defects, Demand defects, Human nature, Criminalpsychology, Self-Assertiveness Demands
PDF Full Text Request
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