A Study On The Legitimacy Of Recidivism System

There are only have the recidivism system what the legal in reviewing after laid thepenalty limit in the modern criminal law.So, the system to use punishment to the "past "and " now " two-pronged approach, as the country’s ruling net more tight. However,even if the recidivism be does not exceed the legal penalty of the crime, but this systemis no doubt a " camouflage "violations of human rights. There is no justification torecidivism aggravated benchmark punishment. In short, this view in a sentence: therecidivist system has no legitimacy.In addition to the introduction, is divided into four parts:Part one:Though the compares with the ancient and modern of the recidivismsystem, summarizes the characteristics of the recidivist system in each social structureand ideology of criminal law. Summarizes the behavior center theory and behavior ofhuman center theory influence on modern recidivism system. The behavior centertheory emphasizes the moral condemnation of recidivism, and should be heavy;behavior person center theory emphasizes the crime tendency, than a serious danger tohuman body and be based on. Summary of the recidivist system and two UniversitySchool of theory,the basis and reflect recidivism system has existed in human society.Part two:analyses the main purpose of this paper, relevant views and whether therecidivism system is justified. the domestic has never been the perspective of summaryand analysis point of view from the support and oppose about the Legitimacy ofrecidivism system. The author first discusses and summarizes these points, and it can bedivided into "positive theory " and " negative theory ". Among them, positive theory infavor of recidivism system, that the system proper, but according to the specific andsubdivided into retribution, utilitarian theory of penalty and the integration theory ofpunishment. While not conclusive against recidivism system exists, that the recidivistsystem in violation of the principle of legality, the principle of suiting punishment tocrime, and does not meet the corresponding relationship between penalty and crime.Part three:There are have questioned about the legitimacy of the recidivistsystem.Discusses the several doubtful: recidivist system and the principle of criminallaw is not consistent with substance; recidivism system in criminal penalty thoughtexpansion suspicion;" during the first offenders completed or remit to again crime " do not influence on personal danger is not reasonable; recidivism system of alleged humanrights violations. To analyze and summarize the above several questions, the rationalthinking of the legitimacy of the recidivist system.Part four: This part is the focus of this paper, is proof positive that the recidivistsystem has no legitimacy. First, through the criticism of the traditional theory, theoverthrow of the recidivist strictly according to risk, social and personal danger can notsupport the recidivist from view. Rigid privative recidivism probation and parole right isinhumane, unfounded claims, is left over from the severe sentence principle. Fromretribution and utility theory, the recidivism system and core value of the two theory iscontradictory.In addition, there is no basis of existence in reality.