Study On The Application Scope Of Special Recidivist

Special recidivist system is an important component of the penal system in ourcountry， it plays a major role in punishing handful of criminals who seriouslydamage to social crime and the protection of social public interests and citizens’legitimate rights and interests significant. With the rapid development of oursociety， although the legislation of the "criminal law amendment (eight)" in2011has made a new provision to special recidivist scope, however，there are still someproblems with the amendment， such as many scholars had proposed drug crimesshould be directly fit into the scope of application of special recidivist was notachieve; the definition， terrorist activities endangering state security in the scope ofthe provisions of the crime， underworld property organization crime which were fitinto the scope of special recidivist crime is not specific enough; this amendment isalso lack of the overall thinking about the criminal law system，etc.Chinese scholars did a certain degree of exploration on special recidivistsystem，they also put forward some valuable solutions and legislative Suggestions，but most of there suggestions were in the form of dispersion for recidivism somedetails are discussed in particular, the lack of integrity, comprehensive and systemresearch，in addition，most of these suggestion were focus on criminal legislation.Therefore，the author tries to investigate based on whole criminal law system，fromthe perspective of criminal hermeneutics on special recidivist system set up by thediscusses the theoretical basis and practical basis, on the basis of correctunderstanding of the basic theory of special recidivist system，in order to deal withdisputes existing in the current special recidivist system，on the basis of defining thescope of special recidivist.After the introduction of the term of special recidivism in present criminal lawand the different theories of the concept of special recidivist，this paper will get the conclusion about the concept of special recidivist and its type adopted by the existingcriminal law. Through the introduction of the theoretical part， the reality basis andthe key component of special recidivist，we can understand the special recidivismmuch more clearly. Aiming at the controversial unit crime and the minor crime,through the analysis of the legislation purpose and judicial status of law， it isconcluded that the unit crime and minor crime does not constitute a special recidivist;After the explanation of drugs re-offending from the whole system of criminal law，Ithink drug re-offending belongs to the special recidivist in essence. Accurateunderstanding of special recidivist is the foundation to punish the criminals，so I paymy attention on the concrete accusation of special recidivist in the part of otherdiscussion. There are clear definition of the specific definition of crimes ofendangering national security and the crime in terms underworld nature organizationin the current criminal law，therefore, the author emphatically discusses the specificdefinition of terrorist crime. In order to do some benefit to the legislation and justiceof special recidivist, I put forward my own views after the discussion of the dispute inspecial recidivist and the concrete accusation of special recidivist.