The Research Of Recidivist System In Our Country

China’s recidivist system since1979in criminal law since prescribed, now hasnearly30years, with few changes of the provisions. Like most system, along witheconomic and social development, the current system shows some shortcomings.February25,2011ChangWuHui19meeting of the National People’s Congress by thecriminal law amendment (VIII) on the recidivist three amendments, the amendmentsshowed by the recidivist lawmakers, has the very big progress significance and thepositive role. But, the reality of the social and judicial practices are too complex,already affect their due function fully. The paper on aspects of research, discusses thesystem in our country, some important problems recidivist, improve and perfect to theput forward some suggestions.First part of this paper is the concept of recidivism and recidivism system,defined and set up conditions for the concept of recidivism with the School throughsaid recidivism concept of the meaning of the Criminal Law. Put forward the conceptof recidivism system at the same time should not be limited to the concept of penalprovisions of the real, but should be committed to the concept of building a naturalsystem. Recidivist sentencing system shall include recidivist elements and recidivismpenalties thus obtained, the correction inmates, the prevention of recidivism and theprevention of recidivism execution system, and its closely related release from prisonof the general term of the protection system, a series of systems;The second part is historical research, recidivism in China’s evolution is dividedinto ancient and modern two and The amendment of criminal law (VIII) in therecidivist portion of changes made summary of commutation to regulation to limitminors does not constitute recidivism subject and expanded the scope of specialrecidivism-the terrorist organizations, crime and criminal syndicate included in the special recidivism; recidivism study abroad, mainly introduced in France andGermany recidivist the evolution of criminal law, drawn the recidivism changes in theWestern criminal law is divided into two: First, the behavior persist in1810FrenchPenal Code center on recidivism,On the other hand, in1871the German CriminalCode adhere to the center of the actors on recidivism. Recidivism essentially coversthe theory of attribution of the world today recidivism;The third part introduces the recidivist set up the basis of two aspects of realityand theoretical basis. Realistic foundation of human society re-crime phenomenonexists; theoretical basis with the development of human society, the occurrence ofchange, respectively, through the simple concept of retribution, deterrence of divineretribution and misdemeanors, criminal classical philosophy, philosophy of criminalevidence and integration penalty of five stages; I believe that the theoretical basis ofrecidivism in China should be corrected priority, taking into account the punishmentof perpetrators and protection of society;The fourth part is the interpretation of the amendment of criminal law (VIII)related to the law of the recidivist. Consists of three parts, four sentenced to death onthe recidivist restrictions applicable provisions of the commutation of the sentence,the author commented that lost in this provision too harsh, contempt for repeatoffenders suspected of human rights, contrary to the legislative mind of thecommutation. It is recommended that the commutation provisions of the clauserecidivism restrictions sentenced to death should be abolished; six new regulations forminors does not constitute recidivism, I believe that the orientation of the criminallaw is excused minors should refer to the crime and sometimes non-trial age of18.The ages of the two crime problem, either before the crime or after the crime, onlyone occurred in juvenile stage, shall constitute a recidivist;7is the expansion of themain range of special recidivism, with regard to repeat any of the above class, refersparticularly for repeat offenders before crime of endangering national security crimes,terrorist crimes, the organization of the Mafia crime in any type of crime, after crimecan also be any of a class of these three categories of crime, no longer the former andlatter crimes and must request special recidivism is the same kind of crime. Theauthor believes that such institutional arrangements for the protection of human rights, careful to identify the special the recidivist range size requirements take into accountthe lack of recommendations to modify for special recidivism ago, after the crime islimited to the same kind of crime; less than18years of age who commits a crime，except this provision shall only apply to general recidivism.The fifth part of the construction and recidivism system, which is the focus ofthis article. The recidivism system should punish recidivist sentencing system,corrected the perpetrator, the prevention of recidivism and the prevention ofrecidivism execution system. Legislation to improve the problem of the sentencingsystem, the average recidivism main units involved constitute the main body ofgeneral recidivism, the author has held a negative view; perfect the legislation ofspecial recidivism is limited before and after of an offense of quality for the sametypes of crime，and the drugs into the scope of application of special recidivism shallestablish a system of criminal; execution system in general recidivism and specialrecidivism treated differently, can be applied as an ordinary recidivist probation andparole, but the special recidivism strict application of the parole, while not actuallythe execution of punishment in terms of the probation system; protection of theobservation system, referring to foreign and non-custodial punishment legislationimprove the recommendations.