The Theory Of Personal Dangerousness And Its Application In Chinese Criminal Law

Personal dangerousness is along with the criminal empirical school. With thedevelopment of the criminal theory and the judicial practice, the connotation of the theory isalso increasingly rich. At the same time, the guiding function is recognized all the world.There are a lot of controversies about meaning, prediction, and the status in the criminal lawof personal dangerousness. In this thesis works on the theory of personal dangerousness inorder to contribute to this research. There are about30000words in the paper which iscomposed of four parts.The first chapter introduces the history of personal dangerousness. This part discussesthe thought of personal dangerousness in the ancient times, and analysis the socialbackground, natural science background, theoretical background of personal dangerousness.The second chapter introduces the definition of personal dangerousness. The authorcompares the different viewpoints in the different visions, which is in the field of Criminologyand the field of Criminal law. Then found out that it is relevant, accurate and scientific todefine the meaning of personal dangerousness. At last, the author analyses the sameness andthe difference among personal dangerousness, social harmfulness and subjective evil.The third chapter, the status of the theory of personal dangerousness is discussed in thispart. The author summarized the function of personal dangerousness in convicting andsentencing through the reflection of the juridical practice.The fourth chapter, suggestions for the practicing of personal dangerousness in China.Firstly, our criminal law should define the concept of personal dangerousness and determinethe factors of prediction. Secondly, the procedure of predicting personal dangerousness shouldbe made, besides, the predicting organizations, executors, process and methods also should beconsidered.