Risk Assessment Of The Risk Society

In this adventure society, Criminal Law has gradually developed into preventer of social adventures, atool for countries to control risk. According to the situation, it’s legislators’ duty to make amendments at theappropriate time. The issue of Amendments of Criminal Law (VIII) precisely meets the challenges of thisadventure society.Risk assessment is a process to predict the risk which may arise in the future; it can reduce thedamages to the minimum. There is such a regulation of "No further danger of crime" in thenew Amendments of Criminal Law, which is the core element of the applied probation and parole, greatlypredicts the likelihood of recidivism. However, this regulation still uses the principle--“better broader thanfiner”, so there are no scientific and reasonable standards for the judge to see whether the recidivism existsor not. With such a situation, during the application of probation and parole, the executive may be easilyinclined to subjectivity, which probably leads the injustice of the judge, and greatly influences thecredibility and authority of the justice.In theoretical circle, most scholars pay more attention to the study of body risk, than thisproblem, hardly directly involved in the assessment of recidivism. There are three basic reasons: firstly, theassessment of recidivism is not only related with Criminal Law, Criminology theory, but also sociology,psychology and other disciplines, which require researchers to hold all kinds of knowledge. This is one ofthe reasons why scholars cannot have a further study. Secondly, scholars at home start late for the study ofthe assessment of recidivism,“if we have the ability to assess danger of recidivism”,“there is no standardfor the complete assessment”, these questions are displayed to the scholars. Thirdly, the Criminal Lawapplies “the principle of subjectivity and objectivity”, which leads the scholar focus more on the objectiveelements, rather than the crimes themselves. In foreign countries, the assessment system of recidivism hasbeen completed, such as The Salient Factor Score of America, The Assessment Score of Parole of Nevada,Offender Assessment System from England and Wales, which play an important role for the judges to makedecisions.In view of this, the paper from the danger of recidivism in our country is able to be evaluated, discusses how to evaluate, focuses on the foreign advanced assessment techniques and our attempt to assessyour risk of recidivism. And then solve the above problem, I believe that the need to do the following threethings: One is the emphasis on the status of personality in the Penal Code. Personality is the cornerstone ofrecidivism risk assessment can be achieved penetration theory of personality to the conviction, sentencingand execution of all aspects of the requirements of the principle of the balance of crime penaltyrequirements of individual thought. Both from the technical and personnel agencies to establish therecidivism hazard assessment measures. Recidivism risk assessment can not be separated from personneland technical support, research and to improve recidivism risk assessment technology to improve therecidivism risk assessment level is an important support to guarantee the smooth implementation ofrecidivism risk assessment. Finally is imperative that the recidivism risk theory of localization. Both intheory and technical methods, to do as I used to, localization is an essential part, through surveys andstudies of the actual status of recidivism risk assessment theory in line with China’s social situation andjudicial logic. By doing so, elevated to a new level so that our judgment "There is no danger of re-offending,the protection of probation, parole apply fair and equitable, and promote social harmony and stability.