Research On The Special Recidivist

Special recidivist means for intentional crime received guilty declared, or beenforgiven in executing criminal punishments any time thereafter it again in the same orsimilar properties, and the crime to cases of judging plot of the past to warn it nolonger criminal punishment, which have great personal risk deliberately offenders.Special recidivist as China’s punishment system is an important part of one of the fewserious harm and punishment of the crime and social protection of the social andpublic interests and citizen major legitimate rights and interests of major plays anirreplaceable role. However, with the rapid development of China’s social changes,the existing special recidivist system has revealed more and more questions, ifapplicable scope of small, no parole shall be granted for the recidivist, minors mayconstitute a special recidivist etc, these problems are severely restricting our specialrecidivist system punish crimes and protecting the people’s purposes realized.Although, February25,2011through amendments to the criminal law of the People’sRepublic of China (8) the analyses the certain amendments, if the scope to expand theterrorism crime and organized crime specified minors areas and does not constitute arecidivist, etc. But, after the amendment should see the special recidivist system afterthere are still many worth further perfection, therefore, further analyzing the existingproblems and targeted suggesting amendments would especially show urgent.Enlargespecial recidivist sin qualitative range should first consider is necessity and feasibility,then what charges shall be taken into consideration shall be to expand the scope ofspecial recidivist, drug crimes have extremely serious social and personal hazards,and they ought to adopt more strict punishment regulations, so should be included inthe special recidivist range is accord with the recidivist characteristics. Specialrecidivist punishment principle also exist certain legislative defects shall not be used,especially the provisions of parole is unreasonable, so it shall be excluded from theoutside the scope of parole shall be granted. Also, for the special recidivist, shouldbuild preventive security measures and regulatory sex protective measures, they canbetter regulate special recidivist applicable, perfect our country’s punishment system.