Study On Principle Of Punishment For Recidivism

There are tow main principles of penalties for recidivism in different countries around the world: "punished severely" and "punished heavily". Since Criminal Code 79 established "punished severely" for principles of penalties for repeat offenders, it is basically unchanged. Why give heavier punishment on recidivism, the penalties for recidivism as a major reason for the penal system is, what is the theory which support the principles of penalties for recidivism, these questions make people can not help thinking.In this paper, the author started writing from the concept of recidivism. So far, criminal law, penology, criminology, criminal policy, learning sociology, psychology, psychiatry, and other branches have put a lot of research on recidivism system. There are different understandings of the concept for recidivism: the concept of recidivism in criminology, the concept of recidivism in Criminal Policy and the concept of recidivism in criminal law. These concepts are from different sides to understand the concept of recidivism. So need to integrate different characteristics of recidivism and give recidivism a comprehensive concept.On this basis, representing the history of evolution in the principle of penalties for recidivism, viewing the history of punishment for recidivism of the law stipulates that punish the recidivism to find out the principle of the development of the track and understand the principle of content of the existing penalties for recidivism. In the above-mentioned basis, the analysis focused on recidivism is based on the principle of punishment. This analysis can be based on the three areas that include realistic needs, Theories basis and evidence for policy, combined with the purpose of penalties as well as the theoretical view of "acts of human-centered" and "act on the center", analyzed what is the theoretical basis of recidivism punished severely as well as its shortcomings. After the rational analysis of the current penalties for recidivism, I put forward the principle of punishment for recidivism based on the combination between the social dangers and the personal dangers. Finally, in the aspect of the theory serving the practice, I analyze some difficult problem about the principle of penalties for recidivism which is used in the judicial practice. For example, a person who commits different crimes and a crime constitute recidivism; the punishment of the recidivism found after the entry into force of the ruling; the analysis about .