Research Into The Recidivist System

In this thesis, the author makes a research into the conception, the constituent elements and the categories of recidivist system in China. Meanwhile, the author puts forward the legal determination of recidivist and points out the shortcoming of present recidivist system and offers some suggestions for perfecting the recidivist system. The thesis is divided into five parts.â… The author introduces the conflicting ideas of the conception of recidivist in the theoretical fields of criminal law in China and foreign countries. At the same time, the author points out that recidivist is a multi-level conception and introduces the changes of the conception of recidivist in the ancient times, the formation of recidivist system in the modern times and the establishment of recidivist system in the present times.â…¡In the second part, the author introduces the categories of recidivist system. Based on the difference of the legal carriers, the recidivist is divided into recidivist for the general rules and recidivist for the branch rules, the legal code recidivist and special criminal law recidivist, legal recidivist and judicial recidivist. Based on the difference of the legal modes, the recidivist is divided into single general rules recidivist, single branch rules recidivist and mixed recidivist. Based on the difference of constituent elements, the recidivist is divided into common recidivist, special recidivist and mixed recidivist.â…¢In the third part, the author outlines the different legal examples in different countries in the world on the constituent elements of common recidivist and special recidivist such as the times of crime, time, degree of crime, subjective facts and other elements. At the same time, the author puts forward some viewpoints on these problems.â…£In the fourth part, the author discusses the conflicts between old criminal code and new criminal code in China and the determination of recidivist for the case where a person commits intentional crime after completion of the probation, during the period of parole and the determination of recidivist in the concurrent punishment for several crimes. Meanwhile, the author discusses the determination of recidivist inthe different scopes of law.V In the fifth part, the author discusses the shortcoming of the present recidivist system in china and puts forward several suggestions for perfecting china's present recidivist system. The author points out the following shortcomings of the present recidivist system. 1. The scope of special recidivist is too small. We should add drug crime,smuggling crime into the crime of special recidivist. 2. The criminal code only stipulates the crime of working unit but has not the stipulation of recidivist crime of working unit. This violates the legal spirit of criminal legislation. We should add working unit recidivist into the criminal code. 3. The criminal code stipulates that minors can be recidivists, which violates the spirit of the criminal code and the protection of minors. We should stipulate that minors can not be recidivists in the criminal code. 4. The crimal code stipulates that recidivists can not be paroled. This is not scientific and reasonable. We should stipulate that recidivists can be paroled but the conditions may be more strict. 5. The stipulation of article 65(the punishment is finished or remitted) is easy to be misunderstood. It should be revised as"the main punishment is finished or remitted".