Personal Risk To Legalize And Judicial Cognizance Research

China’s criminal law theory, pay attention to study of behavior, and the behavior ofhuman research is still very weak, only to make full use of personal danger theory can be trulyeffective use of criminal law resource, make up some defects of reasonable delineation ofobjectivism, crime circle; effective commutation, parole, probation in criminal law, payattention to individual justice of sentencing, the scientific use of the penalty system to selectthe appropriate punishment, to better identify himself, meritorious service, reasonablediscretion of penalty, accurate conviction and sentencing, the realization of judicial justice.This paper is based on previous studies made on some tentative exploration, the hope cancause the legal profession to personal danger theory of attention, change of comprehensivelyimproving the social harmfulness ignored personal danger situation, improve thedangerousness of the person is the unclear orientation, content of disorder of unknownawkward situation. Make it as the dangerousness of the person involved and the promotion ofthe position, so that the traditional" saw the behavior not see behavior" and the concept ofcriminal law, to "look at the behavior of human behavior" on the road. The main researchcontents are as follows:The first part is the definition of personal danger. On the personal danger as follows: anew interpretation of the dangerousness of the person is under the existing objective crimecomprehensive judgment and the possibility of committing crimes once again. In the criminallaw in the category, personal risk rejection first offence possibility meaning, but also must bebased on objective behavior existence as the premise and foundation. Personal danger andsubjective malignant, personal danger in phase difference between independent categories.The second part explores dangerousness of the person how to affect the conviction andsentencing. The premise that solves this one problem is to clarify and demonstrate personaldanger and social harmfulness of the cross relation. Two can not be simple to use, subjectiveand objective measures and has sharp distinction. Only the full and reasonable argumentationcan be resolved correctly convict. Personal danger is able to affect the conviction andsentencing, but only plays a reverse subtractive and weakens role.The third part put forward personal danger legislation plan. In view of personal danger inthe conviction and sentencing of function manifests in the legislation meaning spirit in thisproblem but also through the Chinese and foreign criminal law interpretation and contrast found in the criminal law of our country lags behind and the further improvement measures.By this, we can draw lessons from Italy’s legislative pattern.The fourth part analyzes personal danger judicial operation. Through the judicialadministrative organ functional improvement and technical norms, profits from the overseasrelated theory and methods, implementation of probability assessment and investigation.