Research On Special Recidivist

Special recidivist refers to the intentional crime received guilty declared, or beenforgiven in executing criminal punishments any time thereafter it again in the same orsimilar properties, which have great personal risk deliberately offenders. As animportant punishment system in our country, special recidivist system has played apositive role in the control and prevention of specific crime and social stability. Thisarticle will start from the concept and characteristics of special recidivist and seektheoretical basis for the establishment of special recidivist system in China. And then,it will discuss the regulation of our country’s current special recidivist system,explore its defects and put forward the corresponding suggestions according to thepolitical and economic situation in the current society of our country. This paper isdivided into four parts:Part one: summary of special recidivist. It mainly discusses two problems: one isabout the concept and characteristics of special recidivist; the other is the basis of setting the system of special recidivist. Through the comparison and evaluationbetween behavior centered theory and person centered theory, this paper is going totake a scientific and accurate definition and analyze the characteristics of specialrecidivist. On the ground of clear concept, it will discuss the establishment of specialrecidivism from the perspective of fact and theory, which is also the existingfoundation of special recidivist system. This system is aiming at the prevention andcontrol of special recidivist according to its realistic condition of the existence ofspecial recidivist. The principle of giving priority to retribution with consideration toutilitarian is the due theory of special recidivist in our country.Part two: our country’s legal regulations and relevant understanding of law aboutspecial recidivist system. This part mainly focuses on three problems: firstly, itconcerns about the comprehension on the amendments to criminal law of People’sRepublic of China (8); Secondly, it is related to the stipulation and understanding onlegal consequence of special recidivist; thirdly, it is about the understanding on drug-related crime. This part, from the micro-point, explores the specific provisionabout special recidivist.Part three: the existing problem of special recidivist system in our country. Thischapter mainly discusses two problems: the first one lies in its conditions ofconstitution, the second one is its legal consequences. In terms of conditions ofconstitution, it mainly concerns about the scope of special recidivist which is a littlebit narrow, the potential issues on the stipulation of the previous and latter crimes andthe application of legal subject in organized crime. For the legal consequences, thepaper mainly discusses the rationality that parole shall not be applied to specialrecidivist and the restriction on commutation to the special recidivist in reprieve. Itwill be helpful to provide the basis to perfect the special recidivist system bydiscussing and analyzing the deficiencies of the conditions of constitution and legalconsequences.Part four: legislative perfection on special recidivist in China. Through theanalysis of existing problems of special recidivist in China, this paper aims at expanding the scope of special recidivist, clearly defining the special recidivist bothon drug-related crime and larceny, restricting the uniformity of the previous and lattercrimes in order to keep criminal penalty appropriate and stable, limiting the of specialrecidivist so as to confine the scope of legal subject in organized crime. On theperfection of the legal consequences, provisions of parole to special recidivist can bereleased under the strict conditions, also, the restriction on commutation to the specialrecidivist in reprieve (including special recidivist) should be improved. The measuresabove would make a positive effect on reflecting the fair, justice and differentialtreatment of law, mobilizing and encouraging the criminals to reshape themselves andrealizing the purposes of special prevention.