Recidivist Sentencing System Research

Recidivism in China set up tend to behavior-centered, limited to the conditions established after the nature of the crime and the time interval, without clearly defined recidivism Dangerousness, but the personality elements of recidivism Dangerousness is an objective exist and should be considerer in sentencing. But how to apply the personality factor of personal danger in sentencing, there is no clear approach, which makes ordinary recidivism and special penalties are all provided for heavier penalties, the principles of sentencing was too broad and single, so the criminal policy of combining punishment with leniency is not conducive to carry out in recidivism sentencing. I think that such recidivist sentencing principles of a heavier punishment be ruled simply is not perfect, scholars have proposed to set a Lenient to strict sentencing range.but there is not an in-depth discussion about what kind of standards to distinguish.so I want to discus this from this point,I think on base of admit personal danger of recidivism, Introduced the personality assessment system in recidivist punishment. Through drawing lessons from the psychology of the personality assessment theory and some objective behavior,we can Predict the personal dangers of recidivism.furthermore the Sentencing in recidivism between ordinary recidivism and special recidivism and different ordinary recidivism can be distinguish.at the same time, the content of recidivism in sentencing is more detailed and rich.The first chapter, the measurement of recidivist punishment status. The First I analysis the concept of recidivism in academic controversy, and compare the concept of recidivism from behavioral center theory and behavior of human center theory, we should be taken to behavioral center recidivist concept based balance behavior centre recidivist concept. The concept of recidivism not constitutes the element of personal danger but we should pay a attention to personal danger in sentencing.i also analysis the sentencing principles and theory basis about the punishment ofrecidivism and tink that heavier punishment is consistent with the theory of retribution penalty, purpose of penalty and the principle of responsibility principle. Once again has analyzed our country recidivism sentencing system defects, including a lack of personality evaluation system and recidivism sentencing principle is single. The second chapter, theory of personality assessment. First of all,I analysis the concept of personality assessment, thus obtains the recidivism within individuals, unique, different from others and relatively stable antisocial tendency of psychology, thus having individual identification significance of personality characteristics,so we should pay attation to that in sentencing.secondily,I analysis development of the personality assessment thory which has experienced the process from negation to affirmation in the recidivism,when sentencing we should be consider the element of personal danger as a important factor in sentencing. Through the list of psychoanalytic personality trait theory of personality evaluation theory, evaluation theory, evaluation theory to the study of personality affect on personal dangerousness assessment.I inks that we should draw lessons from psychology research on recidivism of personal danger evaluation.The third chapter, set the recidivism personality assessment system.First of all, I put forward our own view about the concept of the recidivism personality assessment.in my view, we can explore their individual intrinsic, unique and different from others and relatively stable antisocial tendency of psychology through recidivism personality assessment system based on the recidivism life environment and objective performance.we can judge whether the individual has a strong personal dangerous. We can divided recidivism into typical and atypical recidivism recidivism on base the evaluation of criminal personality personality and the possibility of criminal personality in recidivism personality.Typical recidivism is that the criminal personality has occupied the whole personality. because of its long life in the favorable formation of crime,he may manifest as a pretender and crime in pride. Atypical recidivism is the criminal personality that has not possessing the personality dominant position, then the crime may belong to crime of passion, the opportunity to commit crime.this crime has occuered in accidental and not caused by certain criminal personality. Secondly, the establishment of recidivism personality assessment system,I proves that the establishment of recidivism personality assessment system is rationality. It conducive to the realization of recidivism prevention purposes, special recidivism sentencing plot and accord with the refinement of criminal policy of combining punishment with leniency request.thirdly,we should established personality assessment system before judgment in criminal proceed. through the application of psychology knowledge as well as to investigate the recidivism of some external behavior, living environment,we can understand the recidivism personality then ensuring that the recidivism personality evaluation in program is feasibility and the material of recidivism sentencing is science.The fourth chapter, personality assessment effect on recidivist sentence. According to the different types of recidivism risk for personality evaluation of the different,I proposed that general recidivism can be given a heavier punishment or aggravated punishment, special recidivism shall be given heavier punishment or aggravated punishment. The first,I lisi the detail provisions that ordinary recidivism who should be given a heavier punishimen(?) or aggravated punishment,and also rules the amplitude of heavier punnishmen in detail. The Second,I also analysis the necessity of aggravated punishment on base the theory of isolation and propose the increase range should not be over one thirdth imprisonment of the secoand crime be sentencedThrough the above consummate about the recidivism sentencing in our country.we can make the penalty of recidivism more effective and prevent the occurrence of recidivism rather than give a heavier punishment simply.at the same time we can realize the goal of maintenance the social order and maintenance human right of recidivism.