Ordinary Recidivism Studies

Recidivism is a very important issue in the system of punitive application. Although prevenient scholars have acquired respectable productions in this field, many questions about common recidivism still need to be clarified and hackled ulteriorly. This thesis expatiates about the four affects issue with the form of monograph, and presents own opinions and conclusion based on the discussion of theory. This thesis has forty- thousand words together, and consists of five parts.Part Ⅰ reviews present researchful actuality on our recidivism system. It briefly states the main doctrines and researchful actuality, summarizes some representational points of view, and illuminates correlative theory issue, which prepares for the farther discuss in this thesis.Part Ⅱ reconsiders common recidivism of unit. Firstly it appraises the positive theory and negative theory. Based on the correlative analysis and discuss, it leads to opinions of five affects which include "the item of unit recidivism should be set up solely to solve the practical conflict with recidivism of natural person, the time of enforcing penalty independently for unit should be the start point of calculation, the form of enforcement for fine penalty of unit is feasible, the person in charge who has directly responsibility in the unit can be charged as unit recidivist, and the national government can also be charged as unit recidivist if it meets the criteria of recidivist".Part Ⅲ reconsiders the common recidivism constituted by the minor. The legal community main contains two kinds of ideas that are "positive theory" and "negative theory", and both give their own reasons. After critique of two theories, connected with the special conditions of the minor, the reasonable value is that the minor shall not constitute the recidivism.Part Ⅳ the negligent crimes constitute the common recidivism. Nowadays the major continent legal system has a obvious trend that the recidivism is changing from the recidivism of conduct to the recidivism...