The Suggestions Of Recidivist System In Our Country

Recidivist system is ancient criminal law. It was recorded in Roman Law in the West first. Recidivist system is the important content in the system of judging amount of penalty of our country. The author tries to give some suggestions to recidivist system of our country after reading articles.This article consists of three parts. The first part is the concept of recidivism and the purpose of the legislation. The second part is the important composing conditions of recidivism. The third part is the suggestion to the recidivist system of our country.â… The author defines the recidivism as criminal policy that recidivist should be punished more severely. And the thesis introduces the disputes of the purpose of recidivism including the theory of retributive penalty, the theory of utilitarian penalty and so on.â…¡In this part, the author discusses the constituent elements of recidivism such as the times of crime, time, degree of crime and subjective facts. At the same time, the author puts forward some viewpoints on these problems.â…¢In this part, the author discusses two hot spot of recidivist system. The first hot spot of recidivist system is the recidivism of unit. The author appraises the positive theory and negative theory and suggests that unit should be charged as person if it meets the criterion of recidivism. The second hot spot of recidivist system is the recidivism constituted by the minor. The author appraises the positive theory and negative theory too and reaches a conclusion that the minor should constitute the recidivism.The author gives some suggestions to improve the recidivist system of our country in the end.