The Research Of Personality Investigation Institution

Personality Investigation Institution (PSI) is designed to analyze the defendants' dangerousness and the possibility of recidivism by specialized agencies before sentencing,on the basis of an investigation about their criminal background, daily performance, etc, in order that this analysis can be important basis for the court to decide the application of punishment. Many countries have adopted basic Criminal law to insure the legal status of PSI,that is to say, PSI has received considerable attention abroad。 But at present in China, the implementation of PSI is still in pilot stage, it is hard to find traces in the provisions of law, and discussion between scholars are also mostly limited to its use in juvenile criminal justice system. In fact, PSI can be regarded as the oasis which appear "the light of human nature" in indifference of the judicial system, and should bring more hope to those who fall into the "desert" which is called penalty. Thus, to establish PSI which can be applied to adult cases and juveniles cases, and can run through the whole process of criminal procedure is of great significance.Based on this understanding, this paper attempts to put forward my own opinion by summarizing the theoretical sources,the practices of other countries, and the experience of domestic exploration, hoping to make a little contribution to the ultimate establishment and perfection of PSI in China.This paper is divided into six chapters, and its contents can be summarized as follows:The first chapter describes two basic problems of PSI. one is the concept and characteristics of personality, and the other is the concept and legal nature of PSI. Firstly, this part analyzes the definition of "personality" from different aspcets,including its origin and development, varied understanding of the scholars, as well as the explanation of this word given by psychology, criminal law and other disciplines; secondly, this part highlights the main features of personality, such as integrity, stability, and testability; thirdly,by analyzing the international and domestic practice,the author's view on the definition of PSI is put forward; at last, the author comes up with her own thinking about the legal nature of PSI with the comparison of different scholars'views.The second chapter focuses on the basic theory on the foundation of PSI—principle of individualization of punishment. In this chapter, through deep analysis of its evolution, the author makes clear why she thinks that principle is the theoretical basis of PSI.The third chapter discusses its value in the field of criminal procedure of PSI, mainly insisting of the necessity and feasibility in guaranteed pending trial, arrest,prosecution, conviction, sentencing and execution.The fourth chapter introduces and summarizes the excellent and feasible experience of the United States, Britain, Japan and Germany, in order to provide reference for improving this system in our country.The fifth chapter listed the practices of several representative regions of China which have implemented PSI, including Changning District of Shanghai city, Fengtai District and Mentougou District of Beijing city, Hekou District of Dongying city and Qingdao city in Shandong Province, Lankao County, in Henan Province, Hefei in Anhui Province and Chongqing city.The last chapter analyzes the problems existed in the construction of PSI in our country according to the exploration of above-mentioned regions, concretely including body confusion, the unclear legal status of investigators, quality problems of the report and so on, then put forward some suggestions for solving those problems.