On The Defects In The Current System Of Special Recidivism And Relevant Amendments

Recidivist system is an ancient punishment system. It is clearly defined in all the penal codes in the world. The earliest record of recidivist system in China can be traced back to the stipulation in Shang Shu, which says punishments have to be used to those who repeatedly commit crimes. Since then, the recidivist system plays an important role in the codes of every dynasty. The earliest record of recidivist system in western countries dates from Rome Law in regard to the provision of aggravated punishment for recidivists. There are three basic types of recidivist system: system of common recidivism, system of special recidivism, and system of mixed recidivism. In China, the system of mixed recidivism is applied, which consists of special recidivism as well as common recidivism.China's current Penal Code makes provision for special recidivism in Article 66, which is the legal basis for judicial organizations to identify special recidivists and severely punish corresponding criminals in practice. At the same time, this provision is the foundation for us to study the system of special recidivism. However, with the development of society, its shortcomings are also becoming increasingly obvious, which mainly shows the serious lag of legal articles and the failure to achieve the purpose why the system of special recidivism is set up. This paper firstly makes a brief introduction of the current system of special recidivism in China, then emphasizes the analysis of several shortcomings of this system, and at last, some suggestions are put forward.This paper is divided into four parts, about 20,000 words.Partâ… concerns about the stipulation of special recidivism in the Penal Code in China. In the process of analyzing the current system of special recidivism, combined with the constitutive requirements of special recidivists, this paper elaborates the positive role of this system in the fulfillment of the Penal Code in combating and preventing crimes. Based on the above analysis, the theme of this paper is raised, which claims that the current system of special recidivism is defective, and improvements are needed. The presentation of the theme also paves the way for the exploration of the second part.Partâ…¡expounds the flaws in the current system of special recidivism. After the introduction of related stipulation of the system of special recidivism in the current Penal ?Code, this part elaborates the defects in this system, which include 1) the narrowness of the range which comprises the crimes of special recidivism; 2) the irrationality of the stipulation that special recidivists (even common recidivists) could not be paroled; 3) the lack of preciseness in the diction of articles; 4) unscientific provisions for confining the subject of special recidivism to natural persons.Partâ…¢proposes some suggestions for the improvement of the current system of special recidivism. After analyzing several defects in this system, the author of this paper puts forward some proposals, which cover the following aspects: 1) the range of crimes constituting special recidivism should be expanded; 2) special recidivists could get parole, but with severe conditions; 3) the statement"execution of punishments"in Article 65 of Penal Code should be replaced by"execution of main punishments"; 4) the subjects of special recidivists should be enlarged to include units.Partâ…£is a summary. After the analysis of the flaws in the current system of special recidivism and the proposal of relevant suggestions, combined with the importance and necessity of the change of social systems, this paper presents an integrated modification on the current system of special recidivism and parole system, in order to improve the system of Penal Code in our country.