Judgment Of Personal Dangerousness And It's Significance Of Conviction And Sentencing

Personal dangerousness is a core proposition in modern criminal theory. The research on Personal dangerousness promoted the development of criminal theory effectively. The research of Personal dangerousness started lately in China, so we must admit in the social transformation nowadays that it's uncoordinated between the hope of Criminal law and the reality of high crime rate. There are disputes of judgment of Personal dangerousness and the position of Personal dangerousness in Criminal law. The author writes the article in the context of criminal theory and judicial practice. Research on the determination of Personal dangerousness and its importation in the Criminal law. After tracing the history of Personal dangerousness, the author explains the judgment of Personal dangerousness mainly and she proposes that the theory of Personal dangerousness is very important in the Criminal law. Personal dangerousness can be used as a basis of determining the innocent and it is one of the important basses of sentencing. So, don't ignore the important role of Personal dangerousness. Of course, who thinks Personal dangerousness is the only foundation of conviction and sentencing is wrong. Personal dangerousness is one of the features of subjective characteristics of the offender characteristics. Besides the traditional penalty methods for prevention and containment, security measures can be applied as more moderate and flexible manner to restrict crimes.