Research On The Personality Criminal Law And The Conviction Mechanism

The reality is catalyst of theory,theory is for the practice of service.The criminal law of human thought can be broadly divided into the feudal criminal thought, criminal thinking of objectivism, subjectivism, three types of criminal thinking. Each criminal thinking has produced a particular environment, to meet specific practice needs. However, with the development of society, the progress of human reason, the concept of universal human rights, the growing crime problem, objectivism and subjectivism have suffered a real dilemma. The expansion of criminal law, prison overcrowding, rising crime rates, high rates of recidivism, juvenile delinquency and other prominent problem plaguing the current criminal law theory. This reality in the call for a new penal ideology. This reality so that the scholars had to re-understanding of criminal law and penalties, and try to use new ideas to solve real-world get help. Can truly address the real problems and can effectively solve the practical problems of the theory is integrated between objectivism and subjectivism, the essence of personality theory of criminal law. Personality theory of criminal law and its advantages described the author as a master thesis to choose their intention.The human impact of criminal justice practice, the largest is objectivism and subjectivism. Objectivism criminal law is a criminal point of view advocated by the classical school as it is to act as the core, so it could be a behaviorist. Objective and ideology can be summarized as advocating the legality, constitute a theory of strict criminal penalty retributivism, crime and punishment are related to actions initiated. Subjectivism is the view advocated by positivist school. Subjectivism objectivism merely from the crime defined as an abstract legal act freed that merely reduced to an abstract act of crime unscientific, but it is unreasonable and, therefore, turn our attention to the implementation of the perpetrators of criminal acts, concerns the human factor in criminal acts in the role. Their ideas can be summarized as follows social responsibility theory, the relative legality, social defense theory of Dangerousness. However, both significantly less than, and in guiding the course of practice, gradually revealed. This paper focuses on the objectivism and subjectivism, analyze their respective advantages and disadvantages. In the aforementioned work on the basis of personality and then leads to the idea of criminal law theory, and further obtained through comparative analysis of personality theory of criminal law is necessary to solve practical ways to get help is the best way. This paper not only support the proposed character Otsuka Ren behavior theory, personality theory of liability, but also to promote the personality theory of criminal law to the conviction phase, a guilty or not an important factor. Articles related to a conviction mechanism, the nature of crime, the nature of punishment, criminal law, criminal law, and many other great Modesty of basic questions.From the elaborate personality by definition, to clarify this element of personality for the important influence of human behavior, thus starting on personality and character of criminal law and criminal law conviction mechanism analysis of the relationship between the argument. The structure of the article is divided into the following sections:First part,the "personality overview of criminal law", first introduced the psychological connotations and characteristics of personality. Through the definition of content and characteristics of personality description, so that personality is more intuitive and easier to grasp. Germination and development of criminal law in terms of personality presentation introduced the reality of burgeoning criminal personality Dando re-light conditions and Otsuka jen's personality theory of criminal law the idea and pointed out that these two personality theory of criminal law scholars did not thoroughly endorsed Professor Zhang Wen and so on will be personality convicted of criminal law theory advanced to a substantive stage, making it a real personality of the Criminal Code.Second most of the "brief description of the mechanism of China's conviction and faced the reality of the storm" to introduce the mechanism of conviction in criminal law in importance. Analyzed the composition of China's four elements of crime and crime in our country under the guidance of the status quotation.The third most of the quot;mechanism for the introduction of China; criminal conviction of personality dangerous necessity and rationality quotation is the core of the article, mainly from the personality of the Criminal Code is a criminal factions of the scientific concept of integration is a necessary requirement for a relatively retribution doctrine and in compliance with the Penal Code Modesty trends in three areas of feasibility studies, China has the necessary mechanisms for the introduction of criminal conviction and dangerous personality. The fourth part quot;of the operation mechanism of the dual concept of a conviction quotation; Highlighted the introduction of elements of personality after the Elements of Crimes in China position among the various elements and relationships. Describes the behavior and personality of the dual mechanism of operation mode, as well as a conviction of crime the reality of dangerous personality evaluation with a view to make it more workable in practice. This article dealt with extensively in criminology, criminal law, psychology, different issues in various fields has taken analysis and comparison, logical reasoning and case analysis, research methods, for the crime, punishment, character, conviction and other basic problems were analyzed, so as to arrive in China model should be convicted on the basis of the existing character elements of the establishment of the introduction of the dual personality and behavior patterns conviction.