| Personal dangerousness is the theoretical foundation and core areas of Modern Criminal School. Although since the date of birth, the theory of personal dangerousness has been con-stantly questioned and censured, but its vitality is very tenacious. The Dangerousness theory still maintains a considerable influence on the theory of criminal law, criminal legislation and criminal judicial practice all over the world nowadays. For various reasons, Criminal law scholars in our country hadn't paid enough academic attention to Dangerousness for a long time, and the theory in this area is relatively weak. In recent years, the research was gradually deepened.Dangerousness is a very complex issue;this paper only discusses its influence on the sentencing and makes some recommendations to the current criminal legislation and judicial practice.This paper is divided into four parts:The first part, an overview of Dangerousness. This section describes the birth and de-velopment history of Dangerousness, the meaning of Dangerousness and its difference from social harmfulness and subjective malignance.The second part, Dangerousness's position at the sentencing. This section describes the dispute of the theoretical position of Dangerousness in the sentencing, and reveals the mecha-nism how Dangerousness affects sentencing.The third part, the characterizations of Dangerousness in the sentencing. This section introduces several different views on the characterizations of Dangerousness, and through the assessment of these opinions, points out that the characterizations of Dangerousness includes personal information and performance before, during and after the crime committed.The fourth part, the legislative and judicial advice. This section points out some defi-ciencies of the current criminal legislation and judicial practice and makes some recommendations, for example, defining the principle of individualization of punishment in the criminal law. |
