Unit Recidivism Study

Unit recidivist is a very important content of unit crime and a term developed with the establishment of unit crime in legislations and its existence in practice. Without these legislations, there is no need to study unit recidivist. However, when theoretic research becomes more and more deep into the unit crime, study on unit recidivist has not made much achievement. Because of the study on unit recidivist is always limited by natural person recidivist system. System of recidivist is an important part of penalty system. Unit recidivist, as a recidivist of special subject which is studied partially is a regrettable imperfection. So, the author wants to do my bit for the contribution of the system of recidivist by this academic thesis. On the bases of citing numerous facts, comparing different conceptions and analyzing theories, this academic thesis puts forward a suggestion of establish the unit recidivist, and discussing mainly the necessity of establishing system of unit recidivist and conditions of constituting a unit recidivist crime, and evolves its independent concepts. This academic thesis concludes fore parts, except the preface. The first part is the discussion of whether the criminal law in effect stipulates the unit recidivist or not. The second part is the analysis of the necessary of establishes the system of unit recidivist. The third part is the concrete design of unit recidivist. And the last part is the principles of punishment of unit recidivist, and other related issues. In the first part, the discussion of whether the criminal law in effect stipulates the unit recidivist or not gets the conclusion, that there is no unit recidivist is stipulated. After that, establish the system of unit recidivist is proposed. In the second part, the author analyze the necessary of establish the system of unit recidivist. Firstly, the system of unit recidivist should be established in theory. Secondly, the system of unit recidivist can be founded in practice. Thirdly, because of the independence personality of unit, the system of unit recidivist can be created. And also, the regulations of unit recidivist are existent in some foreign criminal laws. The third part is the concrete design of unit recidivist. The author classifies the system of unit recidivist into two parts, the common unit recidivist and the special unit recidivist. After that, the designing of the system of unit recidivist is conducted according to three aspects differently, which are the condition of the nature of the crime, the condition of penalty, and the condition of the time. And the last part is the principles of punishment of unit recidivist, and other related issues. The unit which meets the conditions of constituting a recidivist should be punished severely. The question of whether the direct liable persons should be punished severely or not can be solved according to different conditions. The key factor is the personal danger of the direct liable persons. Finally, the author confers the recognizing of the unit recidivist if the construction of the unit changed, and considers the recidivist reorganization of the unit which was punished by foreign countries previously.