China Recidivism Studies

Article 65 of Criminal Law of People's Republic of China in 1997 stipulates: Those criminals, who have been sentenced to fixed term imprisonment and commit crime again within 5 years after implement of the penalty or grace, are recidivists. They should be more heavily punished with the exception of negligent crime. For criminals receiving parole, the periods stipulated above should be counted from the when the parole expires. Article 66: Any criminals, who have committed crimes against national security and of the same nature any time after the implement of the penalty or grace, would be treated as recidivists." The above is the recidivist system established by current Criminal Law of People's Republic of China This system, which is based on the system of Criminal Law in 1979, has been the result of developing and rectifying of China's previous recidivist system. In this dissertation, the author uses the experience, both ancient and modern, Chinese and foreign, for reference and makes an all-round discussion of China's recidivist system. The dissertation is organized in four chapters, 40,000 words in all.Chapter one is a preliminary description of recidivist institution. In this chapter, the concepts of recidivist and recidivist institution, at home and abroad, is presented. The author defines the concept of recidivist on the level of both criminal norm and formality, supposing that this concept implies not only a type of criminal but also a legally-prescribed circumstance of sentencing. In addition, the classification and legislative pattern of each recidivist system are talked about.Chapter two canvasses the compositional factors of recidivist system: constitutional conditions and legal liability, the former can be either general or special; the latter consists of penalty for the recidivist as well as other legal liability, then the author analyses the theoretical basis for the principle of severe penalty for recidivists: retribution takes precedence, and utility is also taken into accountIn chapter three, the author concerns himself with the legal consequence of recidivists. In the first stage, focuses are on the retroactivity of recidivist, thedifferent stipulations about recidivists who have committed a new crime again upon expiration of probationary sentence on during parole. In the second stage, stress is put on the topic of heavier penalty for recidivist who have committed several new crimes. Then the dissertation handles the relationship between article 356 of current Criminal Law of China and recidivist system, and finally with the penalty for recidivists who committed thefts.In chapter four, the author digs into some complex issues of China's recidivists system. The first concern goes to the compositional factors of territorial jurisdiction. The author holds that the relevant stipulation of foreign nations should be provided in China. The second issue goes to the unit recidivist. The author argue that determination of recidivist should be applied the directly responsible people of units. Last, the author elaborates connotation of expiration of enforcement of penalty. The author believe that different understanding should be made when it comes to individual recidivist and unit recidivist. Correspondingly, the author put forward four suggestions to improve the legislation of recidivist system of China.Having closely compared Chinese system with its counterparts of other countries, the author bases himself on the theoretical foundations of recidivists and intends to make some suggestions concerning the fulfillment of the completion of this system.