Research On Investigation Of Personality In Criminal Procedure

Investigation of personality, that is designed for judger to do scientific analysis of defendant's quality and social environment before making out the conviction ,so that they can choose the proper punishment for every defendant in criminal procedure. Investigation of personality is applied to adult cases and juveniles cases abroad, and runs through the entire criminal procedure: conviction, discretion of punishment, and execution. However, our country only has few rules about investigation of personality, and it is applied to juvenile cases alone. Therefore, building up mature personality investigation system, has already been a task of top priority.First, the thesis carries out some research and discussion on personality, the relationship between personality and behavior, the relationship between personal dangerousness and personality, the relationship between abnormal personality and crime. Then, this chapter does some introduction to the personality investigation, and explores deeply the theoretical foundation of the personality investigation.Second chapter introduces our country's legislation about personality investigation in juvenile cases, and the judicial practice about personality investigation. On the contrast of the practice of He Nan Lan Kao Xian and Shanghai city Chang Ning district, we can discover that our country's personality investigation system has some problems: apply to juveniles criminal case only; serve only for discretion of punishment; investigator is not definite; the methods of investigation is traditional, and so on.Third chapter does some research on the personality investigation system in foreign country, and put forward some suggestion on the personality investigator, the content of investigation, and the methods of investigation to perfect our country's personality investigation system. Finally, the thesis does some research on the application of personality investigation. The personality investigation can provide the risk estimation for the judger, so that he(she) can decide whether bail the defendant or not properly. The personality investigator will supervise the person who is bailed and control the risk. The personality investigation is the main basis on which the judger decides the punishment. The personality investigation has very important effect to the discretion of punishment. The personality investigation is also the basis of correcting the criminal.