人身危险性理论产生于刑事实证学派,从其产生之初,人身危险性理论便处于极具争议的位置,以至在刑事司法实践中一度被忽视。至今,对于人身危险性的内涵,评价机制等仍未达成共识。在对人身危险性理论进行不断反思的基础上,人格刑法理论开始进入人类的视野,作为对人身危险性理论的扬弃,人格刑法理论将称为刑事法发展的必然趋势。 The Theory of Personal Danger comes from the school of criminal positivism. From the very beginning of its creation, the Theory of Personal Danger is in a highly controversial position and has even been neglected in criminal justice practice. Up to now, no consensus has been reached on the connotation and evaluation mechanism of personal danger. On the basis of continuous reflection on the personal dangerous theory, the theory of personality criminal law begins to enter the human horizon. As a sublation of personal dangerous theory, the theory of personality criminal law will be called the inevitable trend of the development of criminal law.