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The Personal Dangerousness and Influence to Sentencing

Author: CuiWenJing
Tutor: ZhangTianHong
School: Shanxi University
Course: Criminal Law
Keywords: Dangerousness Criminology Norms of criminal law Sentencing
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 59
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Abstract


Dangerousness is the cornerstone of modern school in Old School New School critique generated, which produces for criminology and criminal law, it has an important significance. It is the first time the method of empirical science research into criminal law, achieved by the transformation of human behavior to the behavior of proposed penalty individualized thought. However, due to China's relevant theory is not perfect, criminal law provisions on this content ambiguity, resulting in personal danger theory has been controversial. In this paper, literature search, historical research, comparative analysis method and system of law, on the dangerousness and study the impact on sentencing. The full text is divided into three parts. The first part is theoretical overview of dangerousness. Learning in the dangerousness of the criminal law have defined the concept, elaborated dangerousness made and historical evolution. Dangerousness introduced by the Criminology Criminal Law, because the difference between the two disciplines, the connotation and extension dangerousness also changed. The dangerousness of criminal law refers only to the possibility of recidivism, do in this broad sense, the subject has been implemented in criminal activities, including crime and criminal law into the criminal justice system under the program has been placed on the behavior of people. The second part is a manifestation of dangerousness in the criminal law. Crime is a person acts committed, identified perpetrators of crime should be investigated, penalty imposed on an object is to implement crime. Dangerousness is to investigate the perpetrators of the important factors, penalties apply without dangerousness content. Dangerousness are reflected in the conviction and sentencing, conviction is mainly reflected in the body and the subjective aspect, since the role of the crime, sentencing is mainly reflected in the sentencing reflects the dangerousness and some neutral factors. The third part focuses on the impact of the dangerousness on sentencing, sentencing Criminal law is an important part, which contains the contents of dangerousness. Dangerousness in sentencing play a supporting and secondary role, only in the magnitude of punishment to be adjusted, with a one-way function lighter sentencing. This paper proposes to introduce personality survey system that will combine quantitative and qualitative, comprehensive summary of the evaluation factors reflect dangerousness, establishment of relevant professional bodies composed of experts and scholars, the use of scientific methods, the perpetrator's dangerousness scientific assessment of its Conclusion positioned conclusions, the judge at the sentencing reference.

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