China Recidivism Studies

The recidivism is a kind of committing crime again, it is necessary to analysis from three aspects crime science, criminal policy science and criminal law, to make a scientific definition.The recidivism system is a primary criminal penalty system in China Criminal Law, it is a penalty-sentencing system for a judge to adopt to give a sentence to a criminal. The establishing of recidivism is of great importance for achieving the goal of the penalty-sentencing for special prevention and general prevention, to improve the practice effectiveness of punishing crime and reeducating criminal. The emerge of committing crime once more is the reality foundation for the establishing of recidivism. "The theory of behavior being center" and "the theory of recidivist being center" are the leading principles for establishing recidivism system.The recidivism system of our country is most early prescribed in the Book of Sainthood, it's saying " the criminal who repeat his wrongdoing and do not regret it should be executed at last". The first criminal law of new China had stipulated the recidivism system, but it is imperfect. The 1997's criminal law has made amendment and improvement to the 1979's criminal law, but the Law remains some defects, and generates confusion, it can not adequately meet the demand of punishing and preventing crime effectively under the current situation.The main defects exist in the 1997's criminal law as following: the stipulations of recidivist's qualification and categories, an organization recidivism, special recidivism's requirement and the punishing for recidivist etc. All above-mentioned defects have prevented the recidivism system of our country from achieving its goal. In order to perfect the system, to fully exercise its rule on punishing and preventing crime, especially against a...