On The Orientation Of Personal Dangerousness In The Criminal Code Of China

Personal Dangerousness is an essential conception in modern criminal theory. In the view of Chinese criminal law, personal dangerousness refers to a dangerous state of people in the society. It is for all humans who have a dangerous state in society, both crimes and ordinary person who ends to crime. Therefore, in investigating the meaning of personal dangerousness, we should divide the concept into two aspects: the possibility of a first offence and the possibility of recidivism. Discussion about convicting and sentencing of personal dangerousness in the Criminal Code is an intense academic controversial currently. The main clux of the question was that some scholars cannot distinguish the boundaries of personal dangerousness and other related conceptions correctly. This article tries to give personal dangerousness a new orientation in Chinese criminal law, which based on analyzing the concept with some other judges. The author points that the personal dangerousness of a crime undone has no practical significance to a criminal already during a sentence process, and personal dangerousness has wield influence for sentencing process. People should regard the harm degree to human society as a major factor in sentencing. According to the philosophy of justice and the dual purpose of punishment, it is appropriate to orientate sentencing as a secondary factor. In addition, our investigation about personal dangerousness is also beneficial to the study of the individual and the theory of punishment, wishing that this article will do a little contribution for personal dangerousness study area.