The Personal Danger In The Theory Of Criminal Law

Personal danger 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. It also has an important effect on the legislation of the continental law system. The study of such a theory has not a long history, and there are different opinions on it. In the paper , the author studies the theory and try to contribute to the research.The paper is composed of five parts:Part I: the development of personal dangerThere are deep roots of personal danger. The author introduces its social root, the methodological root, and the theoretical root.Part II: the concept of personal dangerIn this part, the author puts forward a concept on personal danger by comparision of the study at home and abroad, and the author also analyses its features.Part 111: the relation between personal danger and certain conceptsIn the part, the author analyses the relation between personal danger and social damage, subjective evil, and differenciate those concepts.Part IV the criterion of judging personal dangerIn the part, the author introduces the judgment of personal danger and expands the criterion of judging the recidivist and first offender.PartV the location of personal danger in the criminal law theoryIn the part, the author introduces the effect of personal danger on the criminal law theory, its location in the theory of crime and that of punishment, and the effect on the security measures. The author also expounds its value by analysis.