On The Unit Recidivism

The existences of Unit crimes demand the foundation of Unit recidivism system. However, Unit recidivism is really a complicated problem either in theoretical area or in judicial practice. Recently, scholars have made deep research into the subject of Unit recidivism, and put forward some unique points. On the base of other scholars'devotions, as well as my own theoretical analysis, I consider the complexity of Unit crime as the direct reason for the complexity of Unit recidivism. What's more, the fundamental reason explaining the complexity of Unit recidivism consists in the complexity of Unit's internal structure. Hence, I try to hackle the relations between Unit and its members in order to make breakthroughs in the arguments of Unit recidivism. Moreover, I carry out my research by use of regarding their relations as the key clue, which is apparent or connotative through this dissertation. I hope that by means of my study, there will be a helpful reference for the construction and improvement of system of Unit recidivism. In addition, it will be my honor if this dissertation can deepen the study on Unit recidivism and other system of measurement of penalty.Except the Foreword and Conclusion, this dissertation has four chapters:Chapter one refers to the relations between Unit and its members, which is the groundwork of my dissertation. The relations between Unit and its members are mainly exemplified in two aspects. One is whether Unit can be the criminal subject. The other is theoretical basis of Dial-penalty system. By contrast I unfold my statement, and finally it arrives at a conclusion that Unit is a independent criminal subject. What's more, in the Personalized Society System, Unit's members not only belong to Unit, they also have their independence. In a word, Unit and its members belong to each other and also have their own independence, which hides in Unit and Unit crimes.Chapter Two mainly introduces the definition of Unit recidivism. At the beginning of the concept of recidivism, I classify the arguments from different angles, actually and idealistically. On the base of their focus, I propose my own understanding. In the end, preliminary definition of Unit recidivism appears.Chapter Three focuses on the legal construction of Unit recidivism. I prove its constitutive elements from General Unit recidivism and special Unit recidivism. On defining common Unit recidivism, I think its penalty element should be"Unit itself be sentenced fines at least 500 thousand Yuan and any of its members be sentenced limited term of imprisonment or more". As to the time element, I also make my statement from the beginning condition and the internal between two crimes. In order to satisfy the goal of system of recidivism, realize the function of system of recidivism and bring into correspondence with whole system of recidivism, I decide to make the beginning condition be"when the fine that was sentenced by Unit's last crime is executed to end or remitted". The subjective element of common Unit recidivism is crime intent. Consider the definition of special Unit recidivism, firstly , I expand the application of special recidivism to drug crimes, then according to the particularity of Unit crime, I restrict the application of special Unit recidivism to four given drug crimes. Consequently, I give my legislative proposals.Chapter Four aims at puzzled problems of the system of Unit recidivism which appear in the judicial practice. This part put its emphasis on defining the principle of punishment and the scope of application, as well as how to deal with the constitutive elements when Unit merges or separates. At last I make a short analysis on the Unit who was punished by the foreign crime law.