Discussion On China’s Recidivism System

Reviewing the punishment system, it has been a long history when the recidivism system was initially introduced. With the development of the penalty system and frequent crime phenomenon, recidivism system caused people’s common concern.From the late of criminal justice reform Shun Gao had provisions on recidivism to1979new China’s first "criminal law" promulgated, and then to the1997Criminal Code revised on recidivism system all previous modification, as well as the February25,2011"criminal law amendment (eight)" of the recidivist system modification, it embodies the system in constantly to be enriched and perfect. These modifications have strict side, such as the range of special recidivist has been expanded, the special recidivist crime category added the crime of the underworld organization, criminal terrorist activities in the original basis of the harm national security crime; for the recidivist limit reducing punishment, the article fiftieth of the criminal law is to adjust death sentence with a reprieve. According to the subjective and objective circumstances to take measures to limit the restrictions on commutation, commutation of sentence recidivism measures have a positive effect on the reformation, have objective law and general prevention and special prevention to realize the justice of punishment. The modifications also have another side, such as the elimination of criminal minor application of recidivism. In addition to minors in recidivism constitute the main elements, which is to further reflect the minor crime the legislative policy of leniency.These changes provide a new opportunity for the study of recidivism system, the author analyzes the Chinese recidivism elements. The subjective elements of the general recidivism is mainly from the legal, legislative and judicial practice to analysis before and after the two crime are deliberately is scientific; in the main elements of juveniles excluded from recidivism; set up recidivist system and the criminal policy of combining punishment with leniency to the reasonable elements of the sentence; provisions on the time interval from the domestic and international legislation on elements of time. In the special recidivist constitution of crime elements are discussed, as long as is the behavior before the crime, in the implementation of the crime of endangering national security, crime of the underworld organization, the crime of terrorism in any class, after the crime and the implementation of the above three types of crime of any kind, does not require the before and after the two crime is the same charges or the same kind of crime, can set up special recidivism.Today, with the efforts of lawmakers, recidivism system have become more perfect, it is undeniable, however, the system still has some shortcomings, the author mainly discusses the problems of the elderly unit recidivist, recidivist and parole problem of recidivism. To solve the above three problems and puts forward some opinions and suggestions. From "the old and young" principle, the penalty law spirit, the purpose of our country and the criminal policy of combining punishment with leniency to explain the reasons for exclusion of elderly crime recidivism, also the author feels excluded the elderly crime subject of recidivism system there is an age limit problem, in order to maintain consistency with the legislation the age limit for the trial, has reached the age of seventy-five people, which can eliminate recidivism. With the unit again crime phenomenon appeared in large numbers, to ensure the healthy and orderly development of the market economy, to prevent unit crime, the author thinks it is necessary to unit recidivist. But the institutions and personnel units of the great volatility, according to this characteristic, the author derives from discrete units, split-up, merger, consolidation of the four cases were illustrated, and the principle of punishment of unit recidivism should be the punishment principle according to the natural person tired crime shall be given a heavier, i.e. punishment. May be granted parole of recidivism, conducive to the promotion of criminals to start with a clean slate, help to improve the quality of criminals in prison education reform, the author thinks that under certain conditions the recidivism may be granted parole, namely crime shows true repentance, and will not cause further harm to society, and the original sentence has been performed more than three fourths, may be granted parole.Recidivist system is an important system in our criminal law, it not only embodies the idea of penalty, but also reflects the coordination with other system and realize the purpose of penalty function. With the recidivist system enriching and improving constantly, it is providing a solid foundation for our country to effectively curb reoffending and crack down on recidivism molecules.