The Personal Danger Of Criminal Law

The personal danger theory was born in academic circles of punishment law and criminal launched a field theory revolution. Follow to reproach, however it was questioned but the personal danger theory has not been killed in the cradle, instead of getting more and more recognition, relying on the vitality. the theory of personal danger is proved scientifically. Introducing personal danger to our country provide a new reform perspective to criminal theory and practice. Although the author's theory is very poor, I also want to contribute to the person danger theory.Full text is divided into four major sections:PartⅠpersonal danger overviewThe personal danger history origin comprehensively expounded the social background of the personal danger, natural science and theoretical background. Through the comparative analysis of Chinese and foreign criminal law theory about the concept of personal danger, expounds the scholars and experts reference, this paper puts forward the concept of personal danger. Then, the danger and similar conception, further discusses the connotation of personal danger.PartⅡthe status of personal danger in punishment lawThe status of personal danger was by scholars argued endlessly in punishment law y, however. This article mainly elaborated according to said, according to the sentencing conviction saying, criminal responsibility according to said, crime essential characteristics such and so on. I take my view by the comparing the view's the advantages and disadvantages..PartⅢpersonal danger judgmentPersonal danger judgment is the important content in the personal danger theory. This section, this paper firstly probes the personal danger factors, the authors by researching criminal empirical school claims, basing on this proposed, take out my own view. Personal danger factors mainly personal factors,economic factor,the cultural factor,political factor,natural environment factor. Secondly the author analyzes personal danger judgment standard, on the one hand, the various views of personal danger characterization, on the other hand the author take out himself personal danger characterization point of view. The author,on the analysis of the viewpoint, divided into previous characterization of personal danger the first personal characterization and the second personal characterization.the first personal characterization mainly include actor possibilities before, criminal crime after the situation, the crime.PartⅣpersonal danger judicial applicableTheory must be put into practice endly. Personal danger theory in our criminal law is mainly manifested in the reflection of the legislation, penalty punishment and penal execution discretion. Personal danger theory to the influence of the sentencing of punishment is mainly to the recidivist, weight, probation and so on. Personal danger to hold the influence of torture is mainly to the parole, the influence of commutation.