Study On The Recidivism Constitution Of Our Country

Recidivism has been the subject of the penalties academic concern, and Recidivism in Chinaestablished later, on the basis of its continuous development and improvement, also showed its defects.Academia on the basis of recidivism controversial issues in criminal law, but extends deeper levelof content in the article only in respect of recidivism pose a problem to discuss, embodied in the followingareas:The first chapter of the the recidivism main problem described. First, recidivism main ability tocontain the unit in-depth analysis from the angle of the Real Analysis, Recidivism in China does notinclude units of this subject, but from the the Ought point of analysis, should be established in the mainbody of the unit as ordinary recidivism. Analysis, whether from the perspective of social development, oranalysis from the perspective of crime prevention, or from the Criminal Code apply equally to the point ofview, or from abroad has been the legislation point of view, the unit has its basis for the establishment of acommon recidivism. Secondly, for this main body of the minors, although the controversial unit smaller,and the policy of protection of minors from China, exclusion of minors from outside the the recidivismmain range is reasonable, but should establish a special recidivism of juvenile delinquency in the case.Chapter II Analysis of recidivism subjective sin, this chapter is divided into two parts started. The firstpart of our criminal law the recidivism subjective sin must be willful provisions, explore the criminalnegligence of responsibility according to that negligent crime committed under certain conditions, can alsobe set up recidivism and culpability to the crime included in the recidivism areas. the protection of thepublic peace, safeguard the legitimate rights and interests, to prevent the fault of the crime again, have agreat significance;The second part are from before and after the criminal negligence, criminal negligence ofthe former crime after crime of intentional crime recidivism whether the establishment of the problemsdiscussed in both cases.Chapter III relates to the number of crime conditions constitute recidivism, this chapter is divided intotwo parts,First of all, from the national legislation of the crime number of conditions on Recidivism; fromdifferent countries leads to their point of view, criticism of our country is subject to two offenses to determine the point of view of recidivism was established to support the basis for criminal number ofdifferent determine the level of recidivism point of view, this time attack the different treatment of differentsituations, according to the severity of the punishment of crime the number of how many decisions aregiven a heavier punishment on the basis of a preventive effect than applied re-offending shall be punishedseverely good.Chapter IV discusses the recidivism established time, space conditions, this chapter also discusses thetwo aspects.The first part discusses recidivism established conditions, which is very close to judge the behavior ofthe possibility of establishing recidivism relationship. The views of the different countries that the unitbefore and after the ordinary recidivist crime time interval to time interval according to the natural personof ordinary recidivist does not require different treatment by the difference between grade; space conditionsestablished by the second part focuses on recidivism by comparing home and abroad, the establishment ofthe space requirements of different points of view on recidivism, Discrimination on the legislation at homeand abroad, conditional recognition of the foreign court’s judgment and execution.Chapter V analyzes the criminal conditions of recidivism, the chapter is divided into three parts, thefirst part, second part of the analysis of the imprisonment punishments reasonable conditions, it due toChina’s recidivist punishment what is harmful to society crime the punishments conditions provides forimprisonment more than a reflection of social harm, therefore, the provisions of our punishmentsconditions are more appropriate and worth pursuing.The third part of this paper, the concept of criminalrecidivism set up conditions that the unit of general recidivism punishments conditions should be defined asa criminal fine can not be directly applied to the natural person of ordinary recidivist criminal conditions.Whether natural persons recidivism or unit of general recidivism, the sentence imposed identified thecondemned criminal is more reasonable.