The Research Of Recidivist System In Our Country

In modern times, recidivism has been a troubling criminal justice problem. First, it is very important to how to enhance the efficiency of transforming and correcting offenders in criminal execution, which helps reduce recidivisms. Furthermore, the appropriate assessment of criminal penalty in the criminal trial is also a very complex issue. As other regimes, the related description of recidivism in Criminal Law 1997 of China has been outdated along with the rapid development of economy and has emerged many drawbacks. Criminal Law Amendment (Ⅷ) in February 25,2011 includes three substantial amendments for recidivism, which indicate the focuses on drawbacks of outdated recidivism theory and are of great significance. However, we do not think that these amendments are thoroughgoing reforms and have settled all existing drawbacks. In this paper, we try to study the 65th and 66th article of Criminal Law, and Criminal Law Amendment (Ⅷ), discuss the complex problems existed in the present recidivism regimes, find out their shortcomings, and give our reasonable suggestion for improvement. The organizations of this paper are listed in the following.The first part reviews the legislation history of recidivism regime since the founding of New Republic of China, including several key changes on recidivism regime, such as the first Criminal Law of China enacted in 1997. Especially in the 8th Amendment of Criminal Law this year, three significant amendments on recidivism regimes reflect the important criminal policy of combing punishment with leniency and add more protection on juveniles.The second part mainly introduces the new definition of the repeating offenders. Due to the significant modification on recidivism, the concepts of general recidivism and special recidivism should be redefined. In addition, the reason of new definition also lies in that the constitutive requirements of recidivism have greatly changed.The third part discusses some difficult problems in the practical judicial aspects of recidivism regimes and researches how to identify and deal with difficult recidivism, both of which are long-standing and unresolved recidivism difficulties. We study these two problems more deeply and present our new standpoints. We hope they can play a part in the improvement of recidivism regimes.The fourth part of the revised system still repeat the defects and shortcomings which still exist, and made some changes to their own proposals, expected System of recidivism have some effect.