The Reconstruction Of Recidivist System In Our Criminal Law

As a basic penalty system, the recidivist's system has played an important role in struggling against recrime phenomenon, and has already been admitted extensively by criminal legislation of every country in the world. Our country's criminal study pays attention to recidivist system all the way, but a deep and systematic research is needed. This article reviewes the history of recidivist's system in China and foreign countries. Our country's development result from the west to the east first. And then, it compares "Centre theory of behavior" with "Centre theory of behavior" of recidivist system. The recidivist system of "the Centre theory of the behaviorer" defines and regards retribution doctrine of penalty as the foundation stone of the theory. It excluses the influence of the criminal's personality, personal dangerous and so on. Obviously, this definition is inadequate. The recidivist's definition of behaviorer's centre theory' emphasizes constitute of recidivist, while the personal dangerous is hard to ascertain, and the administration of justice can not escape from imputes to subjectivelies. The regulation of our country's present criminal law as shown in code 65 and 66 indicates clearly that the recidivist system of our country's belongs to "behavior centre theory", which is insufficient. So we should reconstruct the recidivist definition in the criminal law of our country which is based on the "centre theory of the behavior", complemented the "centre theory of the behaviorer", to perfect the recidivist's composition condition. The recidivist of our criminal law can be divided into two forms: The ordinary recidivist and the special recidivist. Still many other kinds of particular recividivists exist in our country, which has weakened the authorities of recidivist's system seriously. In our country, the ordinary recidivist type is the main form, supplemented by the special recidivist, and the particular recidivist should be avoided. By comparing the punishment principle of recividist of the criminal legislations of every country in the world, the article considers that the recidivist's punishment principle should be oriented as "the treatment of punished severby" in the criminal law of our country.