On Personal Danger

Theory of personal danger refers to the core category of modern criminal school. It is the constitutive cornerstone fundament of modern criminal law theory. Author of personal danger theory is criminal anthropology founder-Cesare Lombroso, whose natural born criminal thought has been associated with science and has fully developed through Enrico Ferri and Feng· Lester's enrichment and improvement. Naissance of Personal danger theory has produced significant revolution of criminal law theory. Meanwhile, criminal law has entered a new epoch then, from act to actor, from criminal liability in accordance with monism to criminal liability in accordance with dualism, in deduction process from criminal punishment generalization to its individualism. Personal danger has broad and narrow sense. As for broad sense, personal danger refers to the actor's future criminal probability, i.e. probability at first crime and probability at second crime. As for narrow sense, personal danger refers to criminal's probability of committing crime again. From the criminological point of view personal danger in broad sense focuses on researching the probability of anew crime offence and providing guidance for preventing crimes and criminal legislation. From penological point of view, personal danger in narrow sense focuses on providing guidance for penalty measurement. Personal danger neither represent the component of social danger, nor is it the criminal requirement, thus it cannot determine whether it forms a crime or not and whether it has criminal responsibility. However, the subjective factors in other category of personal danger, which are ordinary conduct, penitence behavior, can affect criminal liability at a different extent, so personal danger is the basis of heavy or light criminal liability. Personal danger has significant influence on legislation, measurement and implement of criminal penalty.