The Legislative Research On Unit Recidivism

Since the existing criminal law to the main crime unit has been established as a theoretical study of the Criminal Code , whether China's current criminal law legislation constitutes repeat units, recidivism has become one of the hot issues. From the point of view of it ought to be, the unit can be set up into repeat offenders, but China's current criminal law has not clearly defined that repeat units can constitute criminal recidivism. Even unit can re-offend and therefore can not be punished which is undoubtedly difficult to deter further unit crimes.The problem of the legislative system of units redivism is urgent to solve. Actually the serious status quo of crimes unit requires of proper legislation of criminal law .At the same time, the application of criminal law of the principle of equality also calls for units of natural recidivism and units recidivism.The principles of criminal responsibility also requires repeat offenders through the system to build a system of unit re-offending punishments. Repeat unit system can further improve the general provisions of our criminal law, and can effectively combat and punish repeat units crimes.The legislative mode of units redivism crimes in China should be set up Completely separate from China's natural person redivism and absorb some elements from the natual person redivism. The main subject of Repeat units must be the two units before and after the implementation of crime units. The basis for both units recidivism and natural persons is the same that they shall be punished severely according to the Subjective malignant and Personal Dangerousness. Thus the key subjective elements is"on purpose"; and the punishments degree should take the choice of one standard that is responsible for a unit or the responsible person. The time condition concludes the upper limit of latter crime and the time interval between two crimes. The upper limit takes in the decision determination, and the time gap should be longer than the natual person's time gap. The unit redivism shall be punished severely according to the specific circumstances of a dual-penalty system or a single penalty.