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Personality Inventory System Is Investigated

Posted on:2009-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:W X PengFull Text:PDF
GTID:2206360248951152Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
The significant features of contemporary criminal law theory are the concerns about the actors and the individual situation of the actors has been the important basis for many countries in the world to decide the application of punishment. However, it is a tough question for those states which maintain the individualization of punishment to measure and evaluate the great varied actors .The major results of contemporarypsychological study------the development and the perfection ofpersonality theory provide us with a way deserving of search. Today the Personality Investigation Institution (PSI) , which was founded under the doctrine of personality, has been established and perfected gradually in numerous states in the world. The PII, especially in the field of criminal procedure, is of great significance, since the juveniles are mentally immature and we can almost find all the grounds for their illegal or criminal acts from their growing experience and the family environment as well as the social environment.For the purpose of preventing and reducing juvenile crimes giving a real protection to the lawful rights and interests of juveniles, perfecting the judicial system of the states, the U.N., at its 96th general meeting held in 1985,adopted the standard minimum rules for the administration of juvenile justice, (namely Beijing rules) which stated in article 16 ,that the competent authority shall make a appropriate investigation on the background or environment in which the juvenile lived and the circumstances of crimes before the last disposal prior to the decision. The supreme people's court also established the PII according to article 21 of the provisions on several issues concerning the trial of juvenile criminal cases. However, In fact the PSI in our country is still at the exploratory stage since the judicial interpretation failed to specify that the PII is compulsory on the juvenile crime cases , the contents provided are over simple and careless which can not be understood fully and many differences do exist in theory. Moreover, the understanding and practice of PII are varied from each other among different courts everywhere. It is difficult to ensure the quality of PSI and many courts even haven't implemented it at all.My thesis is intended to summarize the theoretical sources of PSI, the practices of other states, and the experience of domestic exploration, so as to make a little contribution of mine to the ultimate establishment and perfection of PII.The paper is of about 30000 characters which is divided into five sections,with its contents as follows:Part I outlined the basic theory of PSI and opened the discussion on following aspects: l.The concept and characteristic of personality and its value in the field of criminal law. 2. The concept of personality investigation and the comparison of which with relevant concepts of other institutions. 3. The elaboration of basic theory on the foundation of PSI.Part II focused on the analysis of elements of the PSI, elaborated the characteristics and the fundamental rules of its construction and operation mainly through analyzing the commonality of PII.Part III introduced the implement of PII in other states for the sake of supplying some examples to PII construction.Part IV summarized the excellent and feasible experience and analyzed the major problem of PII construction, as well as search for the correct direction for perfecting the construction mainly through analyzing judicial practice of PII construction in our state.Part V put forward some suggestions for the perfection of PII in our state: 1.To extends the scope of application of the PII; 2. to upgrade the level of law, to perfect the laws and to construct a complete system; 3.To unify the subjects of personality investigation. 4. To specify procedure for the initiation of investigation and to put it in advance. 5. To standardize the forms of survey reports. 6. To regulate the use of survey reports and the records of personality investigation strictly.
Keywords/Search Tags:Personality, Personality Investigation Reports, Juvenile, Criminal Procedure
PDF Full Text Request
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