Research on Personality Issues in Criminal Law

Author: Zhai Zhongdong
Publisher:
Publish Date: 2003-01-01
Features: Introducing personality into criminal law has the following significance: , Promoting the formation of an overall and dynamic concept of the criminal. The concept of personality is holistic, and determined by its holism, when considering the criminal in criminal law, we must not only consider their social nature but also their psychological and biological aspects. Due to the dynamic nature of the concept of personality, when considering the criminal in criminal law, we must not only look at their present state but also their past, while also considering their future. Second, utilizing personality measurement techniques to assess the criminal's risk of reoffending. Risk assessment is a in contemporary criminal law theory, and introducing personality into criminal law helps us grasp the risk of reoffending, thereby promoting the improvement of special prevention in criminal punishment. According to personality theory, this book categorizes criminals into those with unhealthy personalities, those with psychological defects, those with personality disorders (personality disorder), those with psychopathic personalities, those with antisocial personalities, and those with criminal personalities. Among these personalities, under the same circumstances, those identified as having the latter personality are more likely to commit crimes: individuals with unhealthy personalities may commit crimes under certain circumstances, for example, if others commit crimes, they may imitate them; individuals with personality disorders may have a higher likelihood of committing crimes under certain circumstances; individuals with antisocial personalities may have an even greater likelihood of committing crimes under certain circumstances; and individuals with criminal personalities, especially those with what are termed typical criminal personalities, may have a greater likelihood of committing crimes under certain circumstances. Third, promoting the fairness of criminal law. Introducing personality into criminal law not only promotes the improvement of the efficiency of criminal law but also promotes its fairness. The introduction of personality into criminal law can more fully reflect society's condemnation of the individual, thereby promoting the fairness of criminal law. Fourth, promoting the rationalization of criminal policy. Introducing personality into criminal law allows for more thorough consideration of the criminal's social, psychological, and biological aspects in the processes of conviction, sentencing, and execution. In line with the requirements of rational criminal policy, this book proposes lowering the threshold for constituting a crime, expanding the scope of crimes; using personality as a factor for acquittal. As a negative element of constituting a crime; conducting personality investigations and assessments, using personality assessments as factors in conviction, exemption from punishment, probation, parole, and the application of the death penalty; using personality assessments as a basis to prevent the abuse of power; integrating China's security measures, etc.