Personal Danger Theory And Its Impact Of Sentencing

"Personal Danger" is geared to criminal act and restructures the elementary theory of modern criminal law theory. It paves another way to critical and reflect about the essence of both crime theory and penalty theory. Then this article puts forward some original views about personal danger. Nowadays, because of the inharmony between the respect of criminal jurisprudence and the fact of soaring crime rate, this theory becomes generally essential to manage our modern crime theory. Though person danger has an limited influence, with it’s lack of principles and it’s instability to operate, it should be concerned seriously in the wake of soaring crime rate and the source of crime acts which have already changed as the development of society. What’s more, via personal danger theory, we can find a new path to control the crime prevention and crime punishment, to facilitate the effective of crime jurisprudence and the rightness of crime punishments, and to take the measurement of penalty in rational way. By then, it forms an upper definition about the act of surrendering, making contributions into prison, and reducing a penalty, respectively..The paper is composed of four parts:Part Ⅰ:the concept of personal dangerHolding variety of views about personal danger, the author analyses the major perspective of this theory, and introduces the elementary concepts, then expands a analysis about the social harmfulness and subjective evil by comparison of their own features.Part Ⅱ:the relation between personal danger and sentencing.In this part, the author introduces the influence of personal danger and explain the relation of both individualization of sentencing and the basement to sentence. PartⅢ:the effect of personal danger in real sentencingIn this part, the author analyses the certain function of personal danger used in sentencing.PartⅣ:suggestions about personal danger to legislation and judicial cases.In this part, the author clarifies some respects of legislation from perfecting the sentencing’s principle to severely punishing the recidivists.