A Study On The Criminal Individualization

From its formal birth to now ,the Criminal Individualization (Cl)has a history of more than one hundred years . But in our country , scholars have made unsufficient study on it .which is not worthy of its status in the criminology system. The CI indicates important methodology value , from which suhstancial value also derives. The ideology of making concrete analysis of concrete problems embodied by the methodology value of the CI promotes a correct sentence and execution of punishment, realizing criminal justice . But in our country , the unsufficient study on the CI has led to different views on many problems about the CI. This paper will make a study on some problems on the CI. This paper consists of six parts.Part I .introduction. The thesis of this paper is introduced in this part through the introduction of the legislation practice about the CI in some countries.Part I ,the historical evolution of the CI. In the classical school .the ideology of the CI began to germinate to redress the ideology of legally prescribed punishment for a specified crime and of balance between crime and punishment guided by the strictness rules doctrine; The positivist school formally advanced, thoroughly demonstrated and strongly practised the principle of the CI. We can say that the ideology of the CI is the core and spirit of the whole criminal ideology of the positivist school; After the second World War, the ideology of the CI went on , the main manifestation of which is the social defence school's theory about criminal.Part I , the thoretical location of the CI. In this part, the author has demonstrated the CI's status in the criminology system from three aspects. First ,the author thinks that the CI should not be negated completely because its exis-tance has reasonableness in theory and applicableness in practice; second , the author thinks that the CI is neither a criminal fundamental principle ,nor only a sentence principle, but a criminal application principle guiding the sentence and execution of penalty; Third, on the basis of clear answer to the preceding problems , the author makes a demonstration of the relation between the principle of CI and the principle of suiting punishment to crime .thinking that they two ,on the level of criminal application, condition each other to get equilibrium and serve the judicial criminal application together.Part IV ,the ground of the CI-Personal Dangerousness. The author points out that the Personal Dangerousness includes only the possibility of second offence , but not the possibility of first offence; The indicating factors of the Personal Dangerousness include the criminal's personality and his performances before Jn the course of and after the crime; It deesn't affect the conviction and it's only the ground of sentence and execution individualization.Part V , the realization of the CI. The author makes a thorouly demonstration from legislation,sentence and criminal execution. For legislation, there should be a fundamental,general rule about the principle of the CI, which is abs-cent in our criminal Code. But the principle has been implemented in the specific clauses; To realize the CI in sentence, the sentence circumstances should be coped with correctly, the system of personality investigation should be applied, and the relation should be coordinated between the principle of the sentence individualization and the principle of suiting punishment to crime; Criminal execution individualization is generally realized through execution readjustment and individual treatment.Part VI , conclusion . This part sums up the whole paper and points out the problems to which attention should be paid when the CI is applied in practice.