A Study On The Definition Of The Criminal Individualization

The Criminal Individualization was established and developed by the positivist school after the tradition of punishment legally prescribed for a specified crime and of balance between crime and punishment advocated by the classical school. The Criminal Individualization is the essence and the core of the overall theory of the positivist school and is the reflection of the views on the crime and penalty in the crime punishment relations. The positivist school thinks that the man does not have freedom in will. That crime is the social phenomenon and the combined result of both the individual factors and the social factors. The penalty is not retribution of the criminality, but is to protect the society and is to resort or to educate and reform the criminal. The criterion of the penalty is the criminal potential dangerousness; the penalty is the measure which eliminates the criminal personal dangerousness. The spirit of the Criminal Individualization has a profound influence on the later generations and once exceeded the traditional criminal law. So far, the two schools of traditional and new fused with each and The Criminal Individualization became the indispensable constituent of the criminal law. The criminal law of China also absorbs thought of penalty Individualization and represents it in the general rule and the sub rules.The thought of The Criminal Individualization has been in existence for over a century. Though the western scholars of had written a lot on the subject of the Criminal Individualization not an explicit definition could be found to that concept. When elaborating the relationship between the crime and the penalty, they always give different connotation and implication to the same term. Different concepts mean different theories. Very few scholars in China devote themselves into the research and the transplant of penalty individualization. Thus different scholars even the identicalscholar on different occasions have different comprehension to the concept of theCriminal Individualization. Even some scholars regard the Criminal Individually as a philosophical method that does not have a theoretical root. As a result, the academic exchange and the dialogue difficulty even misunderstands exists in the field of the Criminal Individualization. So, it is disadvantageous to the theory development and to the practice instruction application.This article intends to tidy the connotation of the concept of the Criminal Individualization to define. This article is divided into six major parts:Part I , Introduction. The author elaborated the theoretical and practical significance of the research into the concept of the Criminal Individualization as well as the problems existing in the theory and practice and the research method.Part II, the concept of the Criminal Individualization of the positivist shcool. From the historical angle, the premise, the appearance and the development of Criminal Individualization was investigated. Governing the country by law is the foundation of the Criminal Individualization. It is the result of law governing country to the culture governing country under specific political, the economic and social conditions. Following the analysis on the features of the Criminal Individualization, the definition of the concept was drawn. It develops with every country's discarding its disadvantages and absorbing its advantages. The Criminal Individually melted in the practice the advantages causes the various countries' criminal law goes in the theory and the practice its is extreme and absorbs its merit but to be able to develop.Part III, the value implication of the Criminal Individualization. From the angle of the value of law, this part analyses the value of penalty individualization as the object of society and the subject of individuals and proves the value of order, efficiency and justice of penalty individualization.Part IV, the modern practice of the Criminal Individualization. The modern criminal law practice includes the penalty and the punitive m...