A Study On The Theory Of Personal Dangerousness

Personal dangerousness is the concept derived from the criminal school of modern times. It is the fundamental theory of the school. It has a significant effect on the modern criminal law theory. In our country the study of such a theory has not a long history, and in recent years the study has substantial development. But there are different opinions on it. In the paper, the author studies the theory and tries to contribute to the research.There are about 60,000 words in this paper which is composed of five parts except introduction and conclusion as follows:Partâ… : the development of personal dangerousness. The author introduces two reasons attributed to it. One is the demand of social and economics development, the other is the promotion of social and scientific development. Henceforward the theory sets foot on the full of frustrations road. In practice the theory reaches perfection step by step.Partâ…¡: the concept of personal dangerousness. In the part, the author puts forward a concept on personal dangerousness, which is rooted in the common character of personal dangerousness and integrated the legislation of our country. And then the author analyses the relation between personal dangerousness and social harmfulness, subjective evil, and differentiate those concepts.Partâ…¢: the criterion of judging personal dangerousness. In the part, the author introduces the judgment of personal dangerousness and expands the criterion of judging the recidivist and first offender.Partâ…£: the station of personal dangerousness in the criminal law theory. In the part the author neatens the multifarious opinions of the station of personal dangerousness of different scholars. On this base the author discusses the station of personal dangerousness in the theory of punishment and in the theory of crime. Partâ…¤: the personal dangerousness of psychopath. In the part, the author, starting with the character of the personal dangerousness of psychopath, analyses the difference of the personal dangerousness of everyman and the personal dangerousness of psychopath. And that the author discusses the station of the personal dangerousness of psychopath.