The Dangerousness Research In The Perspective Of Cirminal Law

Personal dangerousness is a core theory of the criminal Modern School, a powerful weapon forcriminal of modern school to criticism criminal the classical school, and promote the transformation to thetheory of criminal law. From exclusion to the introduction to the the dangerousness theory in the study ofChina’s criminal law theory in recent years, plays a decisive role in the criminal research is a welcomeprocess, but the complexity of Dangerousness theory also determines its use there are many difficulties inthe process. Dangerousness of the study is still in the infancy stage in China’s criminal law theory, criminallaw provisions there is no direct provisions of the Personal Danger Theory, judicial practice, only verylimited use of Dangerousness theory, the theory of the role of not due to play. The same conceptualframework that in, Dangerousness Dangerousness how scientific determination, as well as its status androle in the theory of criminal law, there is also considerable controversy. These are a serious obstacle tocarry out the Dangerousness theory in China and judicial use of. From a practical point of view, althoughprior to the physical danger theory is used indiscriminately, resulting in serious human rights trampled on,resulting in a huge disaster for mankind. After its secrecy away from the countries in the world nowrecognize the important role of the Personal Danger Theory, and the dangerousness of the person as animportant theory to study and take advantage of them in the judicial practice; I first foothold in China’scriminal law theory and judicial practice of the status quo, on the basis of retrospective of Dangerousnessdevelopment course, of Dangerousness the scope of the concept, characteristics defined. And tried to clarifythe Dangerousness of criteria, the introduction of the basis of scientific judgment, to make the theDangerousness decision more scientific, reasonable and convincing. Subsequently, on the basis of researchon the of Dangerousness theory on the basis of the status of our country’s development, the author proposedDangerousness theory ought to be the position and role in China’s criminal law theory, the physical dangertheory of the crime in the conviction process. incriminate function and its role can not be ignored in thesentencing process. Of course, this does not mean that the dangerousness of the person is the only measureof the conviction and sentencing. Finally, I explore the sanctions of Dangerousness based security.Reasonable foreign research on the theory and correction perfect fit for China, in order to enable them to integrate into the theory of criminal law system in China and expect to build from the development ofPersonal Danger Theory of Security Measures in the reasonable to be beneficial to some extend.