The Personality Theory Of Criminal Law Study

For personality Criminal Law, Professor Chen Xing Liang commented:"Today, the criminal law is just a wonderful personality conception." WhileProfessor Zhang Wen will make a " personification of criminal law-the21stcentury ’s Choice " spoke highly of the criminal law to affirm the personality andoutlook future. The personality into the field of criminal science is a challenge,forward-looking research, personality stiff Penal breakthrough acts of criminallaw, criminal law who refused to go to the extreme behaviour of the absorption ofthe two schools long advocated a combination of behaviour and the behaviour ofpeople, consider the behaviour of both the constituent elements of humanbehaviour, but also consider the behaviour of the human personality. Compared toother criminal law theory, personality criminal law as a new trend of criminal law,the theoretical research base is weak, rich enough and mature. Based on thissituation, this paper, based on existing research, combined with the personalitypenetration and use of criminal law in criminal law and judicial practice, criminallaw personality described and analyzed in order to be able to conduct the criminallaw in the popularity of the background, put too much concerned about thebehaviour shift attention to the behaviour of the person concerned personality.Although not a system of criminal law theory of personality, not mature enough,personality theory of criminal law there are various internal debate anddisagreement, but this paper attempts to combine the various theories on the basisof comparison of proposed criminal law should adopt an integrated personalityconcept of criminal law, criminal law should be that personality import convictionand sentencing, execution three stages. Personality theory of criminal law problemis how to import this three-stage personality, this paper puts forward legislationdesigned to make personal transformation from criminal law to have a good idea on paper and on the acceptability of the use of the criminal justice policy has aworkable theory of criminal law. Personality characteristics of the personality ofthe criminal law is applied in the criminal law on the crime and punishment theory,establish the behaviour and personality of both the conviction and sentencingsystem, both the research direction of modern criminal law, but also highlightsthe new theory of criminal law. Convicted of criminal law on the basis ofpersonality sentencing, help improve public confidence in the verdict, while theexecution stage also makes the perpetrator easy transformation, conducive to thetransformation, reduce the incidence of crime.