Font Size: a A A

An Analysis Of The Concept Of Personal Dangerousness

Posted on:2004-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:K WangFull Text:PDF
GTID:2156360122970156Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Personal dangerousness is a concept correlating with social harmfulness. It is a very important scope in the criminal theory because it runs through the performance of the power of the criminal punishment, hi the circle of criminal theory, not only there are many standpoints about the significance and function of personal dangerousness in the criminal punishment, but also the concept of personal dangerousness. So it is very necessary to define the concept of personal dangerousness. To define the concept of personal dangerousness accurately, we must define the realm of study. Only by defining the realm of study at first, can we hold correctly the extension and intention of the personal dangerousness. In the fields of criminal law, personal dangerousness refers to the possibility that a criminal re-commits crimes. To appraise the degree of personal dangerousness accurately, we must regard criminal circumstances as the base of appraising, which criminal's circumstances not merely include criminal's basic circumstances, such as physiological circumstances, psychological circumstances and social environmental factors in relation to the criminal, but more importantly refer to the behaviors of the criminal, which include the ones before, in and after the crime act. Only on the basis of synthetically analysing the criminal's basic circumstances and behaviors, can we appraise the degree of personal dangerousness accurately. Of course, in order to hold the concept of personal dangerousness in the fields of criminal law, it is necessary to distinguish the personal dangerousness from such concepts as the subjective malignance and social harmfulness. This is because there are correlations and differentiations among these concepts which thus can extremely easily result in confusion.
Keywords/Search Tags:Personal dangerousness, Appraisal factors, Subjective malignance, Social harmfulness
PDF Full Text Request
Related items