On The Personality Inventory System In Sentencing

Sentencing is one of the basic link criminal litigation. Sentencing fair or not directly affect the positive play of the purpose of penalty and punishment for the efficient implementation, it is an important standard to measure the quality of a criminal trial. To be sure it is correct, on the one hand to consider the sentencing crimes of offenders and the social harmfulness and degree; on the other hand must also consider the offenders personal risk size. Personal risk lies in criminal risk personality. By measuring the criminal risk personality to make sentence right. Along with the development of the theory of personality, many foreign countries established the sentencing personality survey system in judicial practice and continuously improved. The supreme people's court in China about juvenile cases of the several provisions of article 21 formed the sentencing personality survey system. But it is too simple and the theoretical circles on the understanding of the sentencing personality survey system not deep and more, cause differences do exist around the court practice different. The specific performance investigation subjects, contents are inconsistent, survey applicable objects an applicable scope of cases, even many aspects of narrow the system has not been implemented court. Present the provisions of the relevant sentencing personality inventory in either the theory system or judicial practice are flawed. Therefore, the theory and practice from abroad, analysis of the practice of the district court put forward a reasonable proposal for building the system of sentencing personality inventory has a very important practical significance.This article for constructing China's sentencing personality survey system, mainly adopts document analysis and analysis comparison, access to collect relative material, analyzes the present situation of sentencing personality inventory, summarized in sentencing personality survey problems for different questions, and puts forward concrete suggestions. This paper mainly has six parts, the most specific content as follows. The first part of the concept sentencing, sentencing and sentencing of the factors to be the meaning of justice, the survey found that the need for sentencing and the law of personality attributes. The second part of the personality, character and dangerousness risk of crime concept and characteristics of the analysis, summarize the meaning of sentencing personality inventory; and through the development of the theory of evolution penalty analysis, sentence construction of personality laid the theoretical investigation system basis. The third part about foreign representative national sentencing personality survey system the legislative national sentencing personality survey system the legislative national sentencing personality survey system the legislative and judicial practice, for our country the construction of sentencing personality survey system provides reference. The fourth part introduce the main mode of sentencing personality inventory, analyzes the local court practice, found in the theory and the sentencing personality inventory problem in practice. The fifth part analyze sentencing personality inventory of existing problems in China, this paper puts forwards the idea of sentencing personality survey system, in order to personality survey system in our country the sentencing personality survey system, in order to personality survey system in our country the sentencing establish and perfect contribute.