Research On Chinese Recidivism

Criminal law scholars has acquired respectable productions about the systemof recidivist, which is regarded as china’s current criminal code. But the shortagesof the theory and the regulation about recidivist has been accumulated, it isimpossible to do an all-around analysis and discussion. The concept of Recidivistcontains the behavior center theory and the behavior person center theory，and therecidivist’s concept in our criminal law belongs to recidivist’s concept of behaviorcenter theory. The theoretical basis for the Principle of severe penalty forrecidivists is retribution takes precedence，and utility is also taken into account.After the promulgation of the “Criminal Law Amendment VIII”, there is still somuch deficiency in the stages of recognition and resolution and China’s recidivistsystem. Practical problems in the administration of justice exist in: the problemsin the timing of recidivist and the effect of recidivism in different jurisdictions;the heavier penalty for recidivists who have committed several new crimes andthe relationship between article356of current Criminal Law of China andrecidivist system. The deficiency of China’s recidivist system is the extent of thespecial recidivist is comparatively narrow, the Unit recidivist isn’t touched uponbut it is necessary. The item of unit recidivist should be set up solely to solve thepractical conflict with recidivism of natural person. It is necessary to expand theextent of special recidivist.