Consideration of Personal Danger in Sentencing
LI Shi-qing
Abstract
LI Shi-qing
Abstract
School of criminal allusion thinks that inflicted a punishment on a criminal must be consult the action of criminal,so they emphasized the dangerous act is very important in sentencing.But school of criminal anthropology and school of criminal sociology stressed the criminal personality,they emphasized that the criminal personality is important in sentencing.It has been disputed for a long time.In China,on theoretical criminal law agree with school of criminal allusion,they think the criminal liability is as critical as the harmfulness of crime.What is the effect personal danger in sentencing on earth?This article wilt proceed with the facts,analyze the affect of personal danger in sentencing, thereby,perfect the principle of discretionary action of sentencing.
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School of criminal allusion thinks that inflicted a punishment on a criminal must be consult the action of criminal,so they emphasized the dangerous act is very important in sentencing.But school of criminal anthropology and school of criminal sociology stressed the criminal personality,they emphasized that the criminal personality is important in sentencing.It has been disputed for a long time.In China,on theoretical criminal law agree with school of criminal allusion,they think the criminal liability is as critical as the harmfulness of crime.What is the effect personal danger in sentencing on earth?This article wilt proceed with the facts,analyze the affect of personal danger in sentencing, thereby,perfect the principle of discretionary action of sentencing.
Key concepts: Punishment (psychology), Law, Criminal law, Allusion, Criminology, Action (physics), Personality, Theory of criminal justice