Research On The Recidivism System Within The Chinese Criminal Law

The recidivism system is so archaic that every country in the world has ordained explicit provisions about it. The recidivism legislative must be based on the personal fatalness above the social harmfulness, and it should also be the theory foundation about heavy punishment to the recidivism. So the concept of recidivism in the law must be corrected like this: the recidivism is the criminal possessing definite personal fatalness that has been condemned to the imprisonment since deliberate guilt, then recommitted and been condemned to the imprisonment again in the legal term after finishing punishment or absolver. It needs to supplement the personality factor to confirm the ordinary recidivism. In our country, the criminal law also needs to consult the heavy punishment to the first offender to punish the recidivism and no probation. The 1997" Chinese Criminal Law needs to be revamped and consummated bearing on the recidivism system, e.g. enlarging the range of special recidivism, adding the corporate organization recidivism, removing the provision of forbidding parole to the recidivism, redressing the judiciary interpretation of stepping up the recidivism poll as the legal punishment, punishing the cumulative recidivism with integrative measures etc.