Researches On Personal Dangerousness

Dangerousness is to build the theoretical foundation of modern criminal law school, it was a criminal law theory and practice of opening a useful perspective. After School and Criminal Evidence Criminal Classical School of protracted debates and integration of Western thought through a number of criminal law but interconnected process of gradual development of the modern era of criminal law theory into the blend, Personal Danger Theory for the modern criminal law theory and many far-reaching national criminal legislation. Therefore, the system of Personal Danger Theory for the development of China’s current criminal law theory, the reform of criminal legislation and judicial practice is of great significance. This study from the history of Personal Danger, to discuss the concept of personal dangerousness, Dangerousness in the Criminal Law Theory in the status of the factors affecting personal dangerousness and prediction, and on this basis, combining the current criminal legislation, judicial status, Analysis of Personal Danger in perfecting the role of the criminal legal system. Addition to the introduction, the four chapters.Introduction:a brief introduction to the status quo at home and abroad Personal Danger Theory based on the research reveals the dangerousness of the person in theory and practice. First, the study Dangerousness theory helps to emphasize its role in the criminal law and status, improve the criminal law theory, the transition period to adapt to changing social conditions in China, to better prevent crime, maintain social stability; second, of Personal Danger Theory policies help to temper justice with mercy in the judicial practice of criminal conviction, the sentencing aspects of the implementation and implementation.The first chapter, an overview of Personal Danger Theory. Dangerousness generation with a profound theoretical basis and the specific social context, this chapter first the root, the historical development of the dangerousness of the person to inspect, based on this assessment and foreign scholars on the concept of Personal Danger. Civil law criminal law scholars Dangerousness understood as the perpetrator of a risk to society of the state, that is the subject of danger to society. Some scholars believe that the main Dangerousness is a new offense recidivism probability that the likelihood of a kind of repeat; while others have suggested that the main Dangerousness is the possibility of crime, recidivism, including the possibility and potential first-time offenders. Visible, personal dangerousness in civil law criminal law theory has broad and narrow sense. Chinese scholars have different opinions for the concept of Personal Danger, which has a representative view are:a narrow sense, broad sense, recidivism can be unified with the first offense and the existence of that combination of theory and value theory, these ideas have some value, but also lose The biased. In my view, the dangerousness of the person though originated in criminology, but now has become a criminology and criminal law there’s a concept, and as criminology and criminal law areas of research, study and research methods, and other characteristics with the subjects, the concept of personal dangerousness should be combined for each subject area of research to determine, without considering the difference between different disciplines to try the next one common definition, it will only result in the definition has been blurred even more confusion. Therefore, the concept of personal dangerousness, both should see the nature of Dangerousness people was reflected in a danger to society, its nature does not change due to different disciplines; they should see it in different disciplines in the field of personality. Need to combine different disciplines to define the concept of Personal Danger. In this paper, each of Criminology and Criminal Law subject characteristics, respectively, from the perspective of Criminology and Criminal Law on Personal Danger to define. The concept of the dangerousness of the person and society should also be harmful, vicious and criminal psychology subjective distinction between the concepts, this paper focuses on the dangerousness of the person and the relationship between the harm to society. The difference with the traditional view is that this understanding of the danger that the community can not be the only criminal act that is the essence of property, but should be clear to the nature of property crime. Crime and criminal behavior is present difference between the criminal behavior of people focus on the implementation of the criminal acts of crime, while crime as a social phenomenon, is implemented by the offender, so should not only concern the offender’s criminal behavior, should pay attention to the perpetrators of the act itself. The definition of social harm of crime should be a place people Dangerousness. Specifically, is the crime of the criminal law to protect the social relations caused or may cause damage, which is caused by the reality of crime and the perpetrators of social harm possess the potential dangerousness of the person may cause harm to society common form. But the social harm of crime in both the position is different, the reality of crime caused by dominant social harm, and dangerousness of the person’s potential danger to the society living in secondary and auxiliary positions.ChapterⅡ, Personal Danger Theory in Criminal Law Theory in position. This chapter first to review the status of domestic and Personal Danger Theory. Personal Danger in the classical school of criminal neglect, criminal classical school recognized the proposition of free will, and on this basis, explained the nature of crime, but criminal positivist school, the perpetrator is very concerned about the size of the personal dangerousness, and to this to build the discipline system. In China, the academic for the dangerousness of the person’s status in the criminal law is also a different point of view, a strong point of view are:sentencing under that conviction under that essential characteristics of that crime, criminal elements that constitute the selection and criminal liability under the said. Sentencing under the dangerousness of the person that can only see the role that affect the severity of the penalty, while ignoring the role of Personal Danger for conviction, in theory, is incomplete; conviction under the conviction that while recognizing the dangerousness of the person in the position, but The dangerousness of the person convicted of what in effect is not clear, for no good judicial practice guidance; Crime essential feature of social harm that the dangerousness of the person to separate from the past, with a tie, and treated as a criminal nature dualism, which I have to disagree, because the nature of things stable, the only thing, if you interpret the nature of crime, social harm and physical harm seems a bit illogical; Elements of Crime, said that the dangerousness of the person chosen as harmful results, is composed of selected elements of crime, only the dangerousness of the person as a criminal law explicitly Elements, and can be convicted of this crime under, I do not agree, I believe that the perpetrator of the dangerousness of the person should not constitute a crime, the positive factors The exclusion of criminal sexual orientation as a negative factor is more appropriate; criminal responsibility is still no basis to say that a fundamental solution to Dangerousness in the Criminal Law status. This paper argues that the essence of crime is a serious social harm, whether a conviction, sentence or execution, should be based on the nature and extent of social harm, whereas Dangerousness is an integral part of social harm, therefore, personal risk naturally also the conviction, sentencing and execution is essential when considering the factors. Of course, we must take into account the dangerousness of the person in the conviction, sentence, part of the role of execution is different, in the current stage, it should not play a Personal Danger in the role of conviction, but only as a factor to be considered a crime, to realize the value of the conviction. And conviction on the different reservations, personal dangerousness at the sentencing and execution aspects of great significance, which is the principle of individualization of punishment the proper meaning. In addition, the chapter also were on the offense against the dangerousness of the person on the concept of crime, constitutes a crime and the impact of the principle of legality and the dangerousness of the person on the penalty in the sentencing of the principle of specific discretionary system of punishment and penalties to analyze the impact of eradication.ChapterⅢ, the factors affecting personal dangerousness and prediction. Dangerousness factors affecting the individual’s understanding through a tortuous process of development. Lombroso’s anthropological factors of crime seriously and put forward theories born criminals; Philip factor in certain crimes on the basis of anthropology, focusing on natural and social aspects from the perpetrators of the crime to find the reasons put forward the "three reasons that"; Liszt on the causes of crime, the fact that the natural causes of a social cause, so the causes of crime attributed to two reasons, namely, social reasons and personal reasons. Since then, many domestic and foreign scholars have been explored, but in general, are not discussed beyond the scope of Philip. Philip the causes of crime into anthropological factors, natural factors and social factors, and anthropological factors are further divided into offenders physiological conditions, the psychological status and criminal offenders personal situation, this division caused more comprehensive overview and the factors affecting personal dangerousness, this general pattern also agree with this classification and, based on dialectical materialism on the principle of internal and external factors, the factors that will influence the dangerousness of the person classified as internal and external types. Personal Danger of internal factors affecting human behavior is mainly anthropological factors, or personal factors, can be further divided into the physiological status of the perpetrator, the perpetrator’s mental state, behavior and the behavior of the personal situation of people already behavioral factors; impact of personal dangerous external factors, should include the behavior of people’s natural environment and social factors. Accurately determine the factors affecting Dangerousness is the key to accurately predict dangerousness of the person, in predicting the course of Dangerousness, selected factors affecting Dangerousness is missing, or too much choice and Dangerousness independent factors will inevitably lead to the failure of Dangerousness prediction. In addition, the chapter also described the historical development of Dangerousness prediction, significance, methods and the use of judicial practice.ChapterⅣ, Personal Danger Theory and Our Criminal Justice System. This chapter specifically on Dangerousness Criminal Justice with Mercy in the implementation of the policy role, and the dangerousness of the person with the system and the criminal record of Security Measures in the System of eradication were discussed. The Criminal policy is criminal in our country’s basic policy, there is a natural link with personal dangerousness. Dangerousness of the application, help in the concerned department of judicial practice caused by the behavior of the real hazards risk, the concern about whether the conduct and analysis of the potential harm to society and the size of this potential danger, which can really get rid of caused by criminal acts only according to the reality of danger to society, neglected by the actors themselves have some of the factors affecting criminal conviction and sentencing of the rigid practice of punishment is too dilute retribution enhanced color, to return to a reasonable level, achieving temper justice with mercy criminal policy to promote the "differential treatment, Strict simultaneously to wide economic strict and wide to strict economy." Security measures are specifically born actor Dangerousness penalty alternatives. Dangerousness of the person who acts for the elimination of the penalty can not match with the unique effect. Although there is no Security Measures in China, but there are many security measures of a similar nature, which is building the foundation of Security Measures in the system. Elimination of Criminal Record for the prevention of crime, to protect the legitimate rights of those who have criminal records, to help them return to society is significant. Many countries have provided this system, destroy our system of criminal record does not specify, there are few provisions of the embodiment of the spirit, but more of a criminal record retention requirements. Whether safeguarding the legitimate interests of those who have criminal records or criminal law from following the world trend, China should establish destroy our system of criminal record, and Personal Danger Theory for the establishment of the system also has an important role in guiding, on the one hand Dangerousness with the objective of eradication of the same criminal record, is to prevent people with criminal acts of those who commit the crime again; the other hand, those who have criminal records in determining the size of the personal dangerousness of their criminal records are retained or eliminated an important basis.