Reserch On The Problem Of Recidivist System In China

This paper puts forward some suggestions for solving relevant problems and related legislative proposals.Recidivism is aiming at correcing what has been made and preventing it again.Through the analysis,the author puts forward that only relying on recidivism system can not fully achieve to prevent it again,so a perfect prevention system,a community correction system and related supporting system are also needed to be established to achieve the goal of preventing it again.This paper is divided into six parts.The first part is about the summary of the recidi vism system,which expounds the development of the Chinese recidivism system and classification and conditions of recidivism.At the same time,There are the analysis of the legal consequences of recidivism including the change of the principle of punishment for the recidivist in our country and the legal consequences of the recidivist in the current criminal law of our country,heavier punishment,not applicable probation,release on parole and so on.With the development of economy and society,the recidivism system presents many problems and needs further improvement.The second part expounds the problem of minor recidivism.First of all,summaries about the relevant provisions of juvenile recidivism in our country;Secondly,analysis of the legislation principle of the minor does not constitute recidivism,but expounds from the perspective of protecting the physical and mental development needs of minors,and the original intention of the establishment of recidivism;Thirdly,analysis about the related problems of the juvenile recidivism system.The main problem is whether the two crime time span 18 years of age or not,whether constitute recidivism,the minor constitutes a special recidivist or not and so on,and give some suggestions on solving the problem.The third part is the unit recidivism.The author analyzes the relevant theory and whether the unit recidivism system should be established in China,expounding the views on the establishment of unit recidivism system from several aspects,such as the legal provisions,the current situation of increasing unit recidivism,the needs of prevention and recidivism,and the reference of foreign legislation,and put forward the construction of common unit recidivism and special unit recidivism system recommendations.At the same time,the problems that unit recidivism may encounter in practice are analyzed,including the problems of the execution of punishment,the calculation of the time of pardon,the nonapplication of probation,parole,and the effective execution of the penalty.The fourth part is the identification and prohibition of repeated evaluation problems.The author mainly expounds the application of recidivism encountered in practice,including:the repeated evaluation of the recidivist in the crime of theft;the repeated evaluation problems related to the determination of recidivism in the crime of refusing to execute the judgment or ruling;common recidivism and drug repeat co-opetition and repeated evaluation problems.The above problems are mainly described through the case form,after analysis to draw conclusions or make recommendations.The fifth part is the problem of recidivism and probation and omission.The author mainly analyzes whether the probation period of probation can constitute recidivism,how to deal with the period execution of punishment or the conviction was found to be a crime of leakage after the recidivism,and put forward her own views and solutions.The sixth part is the problem of the connection between the recidivism system and the related system.The recidivism system plays a certain role in punishing the criminals and preventing the recidivism.But according to practice,this system alone can not prevent of recidivism well.Therefore,the author proposes to build a complete anti-recidivism system,combining with the risk assessment,prevention system,release protection system and community correction system,to achieve the purpose of combating and preventing recidivism.