On Recidivist System In Our Country And Its Legislative Perfection

Recidivist system plays an important role in criminal law , it also has a very important position in penology and criminal jurisprudence. Great change has taken place in china, but regulations of recidivist lag behind the theoretical research and judicial practice of criminal law, due to no alternation within nearly 30 years. The current condition of recidivist system is not parallel to its status in criminal jurisprudence, hence the recidivist system can not adapt to the changing criminal legislation and judicial practice. In view of this , discussions on key points of recidivist system will be done in the thesis ,and some proposals will be put forward in order to benefit the alternation and perfection of the recidivist system in our country. There are four parts in the thesis.Part one , summarization of recidivist. This part starts from the concept and classification of recidivist, points out that the classification of recidivist in china belongs to behavior center theory and mixed recidivist system, based on the retributive theory of penalty and the utilitarian theory of penalty.Part two, important composing conditions of recidivist. According to the regulations in china ,a comprative analysis of the different important composing conditions of ordinary recidivist and special recidivist is done in the part.Part three, this part makes detailed analysis about the legal consequences and punishment principles of recidivist.Part four, this part points out some shortages of the recidivist system exsisting in our current criminal law and puts forward corresponding perfect suggestion.