Dealing With Difficult Problems In The Study Of Recidivism

Recidivism system as China's current Criminal Code, the more important provisions of a penal system is a meet certain legal standards of behavior to take a heavier penalty is the penalty system, but also criminal law scholars to focus on this year's research priorities. As early as 1979, China's first Criminal Code in respect of the formal system of clearly established recidivism, then, as China's political and economic life of the continuous development and change, China has also promulgated in 1997, the new Criminal Code in 1997, the new Criminal Code of the recidivist provisions of a larger system changes, will be ordinary recidivist crimes occurred at a time after the original three-year limit was revised to 5 years.Elements of the Special recidivism offenses specified in the counter-revolutionary crime was revised to endangering national security offenses, and the special provisions shall not apply to probation and parole recidivism.The purpose of recidivism system is in place for those who have received penalty is unrepentant again after the implementation of new criminal acts to be crack down on criminals in order to achieve prevention and a special penalty for the general objective of prevention, recidivism of a system of pairs of those Dangerousness and subjective vicious criminals played a greater deterrent effect, to a certain extent, reduce the occurrence of re-offending and reduce re-offending crime. However, due to China's current Criminal Code provisions for repeat offenders the system is not yet very clear, in reality, exist in the judicial practice of a number of difficult problems affecting the administration of justice recidivism found.Further affected the due penalty for their fulfilling its functions.This article from the perspective of judicial practice, learn from foreign legislative and judicial practice, addresses the reality of judicial practice, there is a series of impact of recidivism identified and dealt with difficult issues of analysis, discussed various issues and some of the points the author.In addition to Introduction and Conclusion This paper is divided into two outer parts, respectively, from the identification of repeat offenders and recidivism of repeat offenders to address two aspects to describe the judicial practice of the difficult problems that exist. The first part is the difficult issue of repeat offenders identified in the study. This section is divided into five parts, the first part is the difference between recidivism and related concepts. Recidivism system is China's criminal law is an important system of penalties, both in theory and reality of judicial practice, there are many with similar concepts, such as recidivism, criminal record and so on, in the connotation and extension of these concepts with repeat offenders all have similarities, This calls for a distinction between criminal law theory, which, in order to achieve justice in practice to determine precisely. This section first describes the difference between repeat offenders and repeat offenders and similarities, Secondly, repeat offenders and recidivism is to introduce the difference and similarities between recidivism and the third is to introduce the distinction between criminal record and the similarities.The second part is the number of crimes with a specific form of recidivism when competing identified and processed. This section is to introduce the first Implicated Offender competing with the identification and treatment time, followed by the introduction and continuous identification of offenders, when dealing with competing, the third is to introduce competing with multiple crimes during the identification and management.The third part is in different jurisdictions, the impact of crime on recidivism found. As the needs of recidivism posed by criminal acts before and after the two, there may be criminals, a criminal act occurred in the country (region), and its other criminal acts occurred in the country (region) of the situation, which led to the reality of judicial practice identified in a difficult question, that if the criminals in a country (region) has been the judiciary, after conviction and sentencing, but also in another country (region) within the re-implementation of the new criminal conduct, then whether the crime before and after the two can be combined and thus constitute a recidivism, in other words,Means that a country (region) for his country (region) in recognition of criminal judgments is res judicata. This section is to introduce the first of four jurisdictions have implemented in our offense for repeat offenders identified by the impact, followed by the introduction in our country outside the territory of the impact of crime on recidivism identified.The fourth part is our old and new Penal Code recognized the impact of conflict on recidivism. China's current Criminal Code of the Criminal Code of 1979 on the legal provisions of recidivism made large-scale changes, first of all, will constitute the elements of recidivism in crimes committed after the statutory time limit changes from three to five years, followed by China in 1997 The new Penal Code specifies recidivism without parole, the third of China's new Criminal Code in 1997 will be a special recidivism in the counter-revolutionary crimes was revised to the crime of endangering national security, and part of the Criminal Code in 1979, counter-revolutionary crimes included in the ordinary criminal, not be regarded as special recidivism in the criminal act.China's new Criminal Code in 1997 compared with 1979 of the Penal Code a big step forward, but by a series of changes caused on the recidivism recidivism identified many of the conflict, these cases deal with different situations should be distinguished. This section of the old and the new Penal Code, the problems caused by the conflict in an analysis.The Fifth part is after the expiry of statute of limitations could pose a recidivism problem. If the criminals in their crimes committed before the statute of limitations expired after re-implementation of the new criminal acts, can constitute a recidivist, the issue of judicial practice in reality not uncommon, but China's current Criminal Code does not yet make a clear law. This section of the legislation referring to foreign cases an analysis of the problem.The second part is dealing with the difficult problems of recidivism studies. This section is divided into four parts, the first court decision in effect found that criminals should constitute a problem of identification of repeat offenders. In reality, the judicial practice often a situation in which after the commencement of the judiciary in court also found guilty of criminals before the crime, should constitute recidivism, but the court has already entered into force, this situation should be a snack bar handle. This section gave an analysis of the problem.The second part is identified in the timing of recidivism. Recidivism constitutes the time-specific elements can be classified as criminals committed the crime occurred after the time limit and the criminals who committed the crime occurred after the time limit, in which criminals committed the crime occurred after the time limit refers to the criminals after the implementation of specific the earliest time of the crime, but criminals who committed the crime occurred after the time limit is specifically referring to the crime of criminals after the implementation of the latest time. According to China's current Criminal Code, section 65 expressly provides that the composition of the time element of recidivism for criminals before the crime, the penalty is finished or a pardon after five years,In particular, China's current Criminal Code set forth in the Elements of recidivism in the crime occurred at a time after the maximum sentence for the criminals before the crime or pardon of the sentence is finished when the crime occurred at a time after the minimum sentence for the criminals before the The penalty for sin is finished, or within five years after the pardon. This section is to introduce the first of criminals committed the crime took place after the time limit, followed by the introduction criminals committed the crime took place after the time limit.The third part is introduced probation after expiration of criminal acts intentionally, whether it should constitute a recidivism problem. Probation, if applicable criminals in their probation period once again to implement a new criminal acts, then the revocation of probation, in this case do not think that constitute recidivism. However, if the crime of criminals in his previous probation again after the expiry of five years to implement the new criminal act, then this would constitute recidivism is a law does not make clear that the difficult issues, this section focuses on the problem.The fourth part describes the test period of parole can also constitute a crime recidivism problem. According to China's current legal provisions of the Penal Code, was on parole for criminals in their period of parole after the expiration of the test again within five years to implement a new criminal acts constitute recidivism. However, if the criminals are on parole during the test in their release on parole once again to implement a new offense, whether it also constitutes a recidivist, and this, in China there are two kinds of different points of view, this section focuses on the problem .