Personal Risk Legal Evaluation

It is of great value to study this theory from the historical and practical significance of the development of personal risk theory.At the same time,the current part of China's security measures and practical needs need to be supported by this theory,so the research on the theory of personal risk is of practical significance.However,the theory of personal risk is developed from the field of psychology,and its foundation has the disadvantages of uncertainty.The first part of this paper is an overview of personal danger,mainly to clarify the development history of personal danger,the theory origin and relevant concepts,at the same time,attention,and compared the latest development of personality of the criminal law.The second part is to investigate the practical needs of the theory of personal risk in China,mainly through the use of personal danger in judicial documents in China,but the use of personal risk is not reasonable.The present social security issues reflect the needs of the theory of personal risk(including the possibility of reoffending,the possibility of the first offense,the restriction of the person who is not responsible for criminal responsibility);The influence of personal risk theory on conviction;The influence of personal risk theory on sentencing;The theory of personal risk has five aspects to prove the leading role of the transformation of existing social mores.The third part is to investigate the personal risk of related laws and regulations,from the perspective of both at home and abroad,foreign related legal provisions is scholars recognized belongs to the provisions of the personal danger,the domestic part is based on the understanding of the theory above,can be called the personal interpretation of a regulation,observes.The fourth part is the evaluation of specific risk for personal law,from the perspective of criminal law,personal law is promote the progress of the criminal law risk,concrete manifestation in: personal legal risk has a substantial impact on the sin,has a great influence to personal danger in sentencing,the personal risk function and meaning of punishment execution targeted,contribute to the realization of education punishment,punishment individualized personal danger for the establishment of the security system of our country has a role in promoting,personal risk law for criminal law general prevention and special prevention effect with lifting effect;From the perspective of the criminal procedure law of the personal risk has a positive influence on the criminal procedure law,the concrete manifestation in: personal risk has a substantial influence on the implementation of the compulsory measures,social defense purpose to strengthen the use of the disposal measures of the criminal purpose;Finally,the defects and the insufficiency of the personal risk evaluation,the concrete manifestation in: personal danger cannot rely on on psychological research,must have the legislative provisions of support,some Chinese laws and regulations for personal risk still need further added.In general,through the study of the theory of personal risk,the understanding of relevant reality,and the collation and induction of relevant laws and regulations,a more positive evaluation was obtained as the result of the paper.