Research On The Subject Of Personality Investigation In Criminal Cases In Our Country

Whether criminal suspects and the accused persons are guilty, what crime should be punished with, whether the penalty should be deployed as well as specific issues on penalty are the cores of Chinese criminal procedure law. Criminal law experiences a turn from behavior criminal law to perpetrator criminal law, and to personality criminal law. The latter looks at the perpetrator’s own research as a start point, and in essence, it is the main consideration of personal dangerousness. At first, personal dangerousness is discussed on the individual punishment level only. With the introduction of personal dangerousness theory, its impacts on China’s academic and judicial areas have gradually expanded, but the difficult question of personal risk assessment is the key issues to restrict it in practice. Personality is comprehensive, stable and scalable, which can fix the fatal flaws of personal dangerousness. Introducing personality survey can effectively solve the problem of personal risk assessment and determination.Personality survey plays an important role in ascertaining the facts of a case, the implementation of human rights, and crime prevention. Undoubtedly, the subjects of personality investigations can protect personality investigation to be fully implemented in criminal cases. However, until now, the determination of the subjects of personality investigation is still a problem. Fuzzy legislation and mixed judicial practice are the status of the subjects. Therefore, the study of the subjects of personality investigation in criminal cases has a very important meaning in China.This paper is divided into four parts.The first part discusses the problems of the subjects of personality investigation in criminal cases on legislation and judicial practice level, and then analyzes its causes and negative effects.The second part discusses the various conditions of investigation subjects which should be met from the objectives, contents, scope and start-up time of personality survey in China, and there is a detailed review of the meaning, importance and reasons of the conditions.The third part analyzes the specific advantages and disadvantages of the subjects in-depth discussion, such as the Court, defense counsel, prosecutor, social groups, judicial administrative organs, combined with the main eligibility requirements,The last part discusses the determination and improvement of the subjects of personality investigation in criminal cases in our country. Firstly, determine the specialized agencies in the judicial administrative organs as the subjects of investigation, and expand the scope of the subjects to be entrusted. Secondly, perfect the subjects of investigation from legislation, construction, supervision and security.