A Research On Institutional Recidivism

The regulation of recidivism, as one of the important penalty regulations in Criminal Law in our country, plays an inestimable role in attacking and preventing crimes as well as reducing the rate of repeated crimes. However, as opinions vary to the issues of whether or not the regulation of recidivist in current criminal law is suitable for the institutional crime, and what the prerequisites the institutional recidivism are, no unanimous conclusion can be drawn in the field of criminal law of our country. Seeing that the criminal law of our country has formed a system of dual subjects of institutional and natural person, this essay, based on the present study results, puts forward the systematic study on the issue of institutional recidivism from the following aspects:The first part is analysis on the current situation of institutional recidivism study. At present, in the field of criminal law in our country, the viewpoints of whether the regulation of recidivism is suitable for institutional crime can be divided into two schools: the Positive and the Negative. The Positive stresses from factual level explaining that institution can be the subject of recidivism, but it is not the case according to article 65 of criminal law; The Negative, based on the constitutions of being criminal in criminal law, directly deny the possibility of institutional recidivism. Therefore, within the frame of law, both the Positive and the Negative belong to the latter.The second part is the necessity of building the regulation of institutional...