The Application Of Personal Danger In Criminal Law

Personal danger in criminal law theory of our country is an import, debates on thepersonal danger’s basic theory, assessment and application have not stopped, the existence ofdifferences will inevitably affect the judicial practice. How to blend in personal danger in ourcriminal law theory without overthrowing the theoretical framework of our country criminallaw, better guiding the judicial practice of China, hence need to solve practical problems. Thispaper starts with the basic theory of personal danger, introducing personal danger using in thecriminal law.In this paper, a total of about thirty thousand words, in the following four parts:The first part, the personal danger theory. This part mainly illustrates the concept, historyof personal danger. On the basis of the analysis of many personal danger conceptions, thearticle points out that personal danger including recidivism possibility, and differs prompersonal danger in criminology.The second part, the status of personal danger in criminal law. This part analyzes thedebates on the status of personal danger, involving the basis of conviction, how to influencethe sentencing, the execution phase of specific evaluation, etc.. From the personal dangertheory status, lack of the practice of the analysis of the criminal law about the risks ofpersonal status, it is pointed out that personal danger is the unity of the quality and quantity, itis in parallel with the social harmfulness. The degree of personal danger in conviction canaffect the judgment of sin, will decide on the choice of punishment amplitude in sentencingand the application of the commutation and parole in the execution stage is related to thechange of personal danger. Personal danger is the later concept that had to clarify after thepersonal basic theory in the criminal law.The third part, the responsibility mechanism of personal danger. This part points that thespecific principles and processes of personal danger affecting the criminal responsibility arerealized by the ethical evaluation. The conformation of personal danger and the essence of criminal responsibility is anti-ethical, then analyzing the specific action principle of personaldanger functions in the determination of criminal responsibility, namely personal danger isbased on the ethical judgment of whether to against ethics, ethical level of how to affect theevaluation of the criminal responsibility.The fourth part, the use of personal danger. Personal danger belongs to the category ofabstract sense of punishment law, cannot be directly applied to the judicial practice, cannot bedirectly perceived by people. Even so, the personal danger belong to the category of person,the various plots of actor before and after the crime embodies the anti-social tendencies of thesubjective and objective unification of personal danger. Widespread plot is the manifestationof personal danger, through the analysis of various plot to the person to discuss how the plotinfluence personal danger, and the degree of influence. At the same time, in this paper, incombination with the article in the first four parts on the operation theory of personal dangerand practice, put forward the personal danger assessment focus on accuracy, judicial workersshould attach importance to personal danger on thought, ought to pay attention to professionaland accuracy evaluation, should fully consider individual personal danger in trial andexecution reform without personal danger, hope for the usefulness for the judicial practice.