Study On The Issue Of Personality During Sentencing

The application of penalty that is sentencing, it is refer to judicial apparatus take facts as the basis and the law as the criterion, and decide what penalties apply to carry out criminal acts. During sentencing, it is mainly based on the behavior of the perpetrator, caused by the harmful consequences against the object, and so on. Status of the personality of the actors during sentencing, different personality implementation of the same crime, whether, regardless of the specific situation, for exactly the same penalty? In accordance with the theory of personality penalty: the nature of the penalty is not simple to give severe penalties for those who carry out criminal acts in order to intimidate community, but also correct perpetrators personality, so that it no longer crimes, crime prevention purposes. The personality of the perpetrator brought into the sentencing, helping us to find the real cause of the crime, which has targeted crime prevention, and effective use of limited criminal justice resources to reduce crime, have an important role in maintaining social order, in line with modern Criminal Law humane, humanitarian direction of development.The main body of the thesis divided into four parts:Chapter one, discusses the general theory of personality. First, on characteristics and the concepts of the personality, as well as the personality and the concept of difference discourse. Second, on personality factors that emerges and develops in the history of criminal theory. None of the theory of criminal classical school and the theory of criminal evidence school gives enough importance to the personality theory, so it provides a space for personality criminal theory.Chapter two, justification for the personality introduced to the sentencing. It contains three aspects:the principle of individual penalty, general prevention and special prevention, and the current criminal policy of temper justice with mercy, let the personality play the role it should play, which is very important to rationally handle some criminal cases.Chapter three, the investigation and evaluation of the personality factors during sentencing. First, understanding the current situation of the domestic personality measure and international personality measure. Second, it contains two aspects:explaining the subject of personality measurement system and the content of personality measurement, to further explore the personality measurement mode.Chapter four, the effect of personality during sentencing. Combining the two kinds of personality behaviors and special sentencing occasion to consider the personality, to discuss the use of personality during sentencing, in order to determine the status of personality during sentencing.