人身危险性的刑法运用.docxVIP

Abstract Personal danger in criminal law theory of our country is an import, debates on the personal dangers basic theory, assessment and application have not stopped, the existence of differences will inevitably affect the judicial practice. How to blend in personal danger in our criminal law theory without overthrowing the theoretical framework of our country criminal law, better guiding the judicial practice of China, hence need to solve practical problems. This paper starts with the basic theory of personal danger, introducing personal danger using in the criminal law. In this paper, a total of about thirty thousand words, in the following four parts: The first part, the personal danger theory. This part mainly illustrates the concept, history of personal dange匸 On the basis of the analysis of many personal danger conceptions, the article points out that personal danger including recidivism possibility, and differs prom personal danger in criminology. The second part, the status of personal danger in criminal law. This part analyzes the debates on the status of personal danger, involving the basis of conviction, how to influence the sentencing, the execution phase of specific evaluation, etc.. From the personal danger theory status, lack of the practice of the analysis of the criminal law about the risks of personal status, it is pointed out that personal danger is the unity of the quality and quantity, it is in parallel with the social harmfulness. The degree of personal danger in conviction can affect the judgment of sin, will decide on the choice of punishment amplitude in sentencing and the application of the commutation and parole in the execution stage is related to the change of personal danger. Personal danger is the later concept that had to clarify after the personal basic theory in the criminal law. The third part, the responsibility mechanism of personal dange匚 This part points that the specific principles and processes of personal danger affecting t