Conviction In Personality Research

Crime is a social phenomenon, but also a kind of individual phenomenon. There is a long time On Crime. Crime is implemented by the actor, and It refects the actor's hostile, contempt ,neglect and ignore attitude to the mainstream social value protected by the penal code. It is the reality of actor's personality. Personality is an important content of Chinese Criminal Law. however, the issue of personality due to science and technology, because the basic theory constraints and has lagged behind. In Western countries, the criminal evidence school develops quickly, since Lombroso's "On cranial man", which a book to mark the birth of the offender's burgeoning research. In the past, criminal classical school of scholars to study crime, only concerned about criminal acts, adhere to the view of" no crime, no penalty, no obligation", the main factors of crime failed to pay sufficient attention to the actors. Since criminal evidence school occurs, criminal law focus of attention shifted from the behaviour to the actor, which is affected by economy, science, technology, and cultural development, deal with criminal law theory difficulties, but also the promotion of the Penal Code and improve the development of the theory. However, it leds to the other extreme: which people are punished in the absence of specific measurement standards of Personal Danger , it gives a heavy disaster and profound lesson to human. Today, through the reflection on the basis of lessons for a long period of debate and argument, a comprehensive theory which absorbs two schools appears, which asserts that should be as relatively free actors of Personality performance to understand crime. It is the development of the Penal Code, which the actor's Personality of the danger of crime as one of the basis for the conviction. The author on the basis of this theory and in view of the current conviction mechanism, advocates put Personality factors into the conviction stage, the new conviction model of personality and behavior will be established. It is the result of the development of the criminal theory, it is conducive to narrow the circle of crime and criminal law, also can advance the penal code to correct the criminal and make them return to the society, which is conducive to reform criminal system to overcome difficulties encountered in the current Penal Code.The article recommends, compares and reviews the development of the the Criminal Law School on the basis of the concept and the characteristics of personality ,finds that the direction of the criminal theory - Personality of the concern, that advocates the theory of personality criminal law . It calls for Personality factors into convictive stage, builds up the mode of personality and behavior. The article include the followings:The first part is on characteristics and the concept of the personality. First of all, the author defines the meaning of personality. On the basis of the personality of different disciplines have different meanings , the author defines personality as a person stable attitudes, values, moral awareness, as well as psychological characteristics. Secondly, the author summarizes the characteristics of the personality, pointing out that its unity, stability, measurable and adaptable features.Finally,the author analyzes the significance of personality in the criminal law.The author believes that personality factors should be reflected in the Crime and criminal responsibility. Therefore, from the two aspects,the author illustrates the position of personality factors in the crime law.The second part is on personality factors that emerges and develops in the history of criminal theory. First, the author explains the theory of criminal classical school,and summarizes the main points.The theory of them includes:no crime,no penal; the will of freedom; behavior;moral responsibility theory and penal compared to crime.and then, their theories are reviewed and the shortcomings of theory are pointed out. Secondly, the author analyzes the background of criminal evidence school,then explains the theory of them,at the same time,the author also summarizes and classifies their theory, their points include: action on security;meaning decision;objective;social responsibility theory and purpose penal. The author comments their theory and points out their shortcomings.Finally, the author gives summarizes and comments on the personality crime theory which forms in the World War II,and points out their shortcomings.The author advocates a new theory of Personality crime base of them, also demonstrates the theory .This theory not only make up for formed theories,but also the development of society, economy, science and technology.also is the inevitable product of the Penal Code.The third part is personality and conviction. The author first reviews and comments conviction for Chinese model - a criminal element theory,pointing out the deficiencies and shortcomings of the current theory of criminal constitute elements, and the theory deviates from the personality theory advocated by author. Thus the author maintains that reconstructs the existing conviction theory and puts the personality factors into the conviction stage, and advocates dual conviction mode, namely, the conviction of personality and behavior,and expounds the foundation of the dual conviction mode theory from theory and reality. Then,introduces the question on identification of personality factors in practice, demonstrates the foundation of identification from the theory ,also designs institution of personality identification, so that the identification of personality factors can be operated.The article applied criminology, criminal psychology, criminal law and other basic theory,and uses the method of logic and empirical analysis, also uses typical cases, analyzes and demonstrates the personality factor in the conviction, advocates Personality factor into conviction stage,establishes the dual conviction mode.