On Personal Dangerousness In Criminal Law

Personal dangerousness appeared with the neoteric school, then because of the development of criminal theories and juridical practice, its content is becoming more and more abundant and the function on realty has been confirmed. But compared with the west, the study of this theory in our country does not have very long history, and the basis of it is not very strong either, so the author works over this theory in order to contribute to this research.There are about 34,000 words in this paper which is composed of four parts except introduction and conclusion as follows:PartⅠ:The definition of personal dangerousness. At first, this part introduces the history of the personal dangerousness from ancient school to neoteric school. Then on this basis of commenting different concepts of diverse theorists, the author puts forward the concept and character of the personal dangerousness. At last, the author analyses the relationship of personal dangerousness, social harmfulness and subjective evil in order to find the sameness and difference of them.PartⅡ:The function of personal dangerousness in criminal law. In the part, the author takes of the opinion that personal dangerousness can only be used as a reason of determining the innocent. About sentencing, though a majority of theorists think personal dangerousness does have the function of sentencing, the extension of punishing more severely should be restricted on the basis of criminal law. However, punishing more leniently can be on the basis of the discretionary power of judges. During the process of penalty, personal dangerousness can be used as the logistic basis of classification.PartⅢ:The reality and functional imperfection of personal dangerousness in China. Firstly, our criminal law does not define the concept of personal dangerousness either the factors of prediction, it also confuses acts and personal dangerousness. Secondly, our country does not have the procedure of predicting personal dangerousness. Last but not least important, during the process of penalty, the loss of personal dangerousness leads to the phenomenon which classification dose not wok effectively and the rates of parole and commutation are very low.PartⅣ:The reconstruction of personal dangerousness in China. On account of the reality of personal dangerousness in China, if we want to make this theory work, some jobs should be done. Firstly, our criminal law should define the concept of personal dangerousness and determine the factors of prediction. Secondly, the procedure of predicting personal dangerousness should be made, besides this, the predicting organizations, executors, process and methods also should be considered. At last, during the process of penalty, more non-penalty treatment methods should be employed, such as, security measure, psychological therapies.