Reflection On The System Of Recidivism In China

The system of recidivism plays an important role in criminal law.A good system of recidivism can effectively make criminals clean their minds and change their ways,and can prevent potential criminals from committing crimes again,which is conducive to realizing social defense and maintaining social harmony and stability.The current effective recidivism system in China was stipulated in the Criminal Law in 1997.It has been more than 20 years since then,and this period is also a period of great development and reform in China.Whether the recidivism system can match the current social development trend deserves our reflection.In this article,through the empirical study found that the insufficient practice strict penalties for the recidivist abound,loss of response to criminal recidivism system,in the execution of punishment for the recidivist in lax,this shows that the recidivism system in China has not well deal with the current situation of crime,coordinate with the development of the society can’t keep.In this article,through combing the legitimacy basis of recidivist stricter doctrine,reward and development of utilitarianism,expounds the retribution doctrine as the defects of theoretical basis of recidivism strictly punished,and utilitarianism as a recidivist punishment theory,through the analysis of the theory of retribution and utilitarianism,objective evaluation of the current recidivism system in China lag behind,old,by absorbing the essence of personal danger of utilitarianism is helpful to improve the science of recidivism legislation in our country.Back in the civil law of France and Germany,Britain and the United States recidivist system of Anglo-American law system development,it is concluded that construct the recidivism system in China must be adapted to the development of the society background,ignoring the offender personal dangerous recidivist system can not effectively deal with social practice,and the current recidivism system in China about the recidivist’s punishment principle in single and not scientific.Finally,some suggestions on the system of recidivism in China are put forward.The theoretical basis of severe punishment for recidivism in our country should be based on retribution and take into account utility.When necessary,utility can break through the upper limit of retributivist punishment to punish recidivism severely.To recidivists in the execution of criminal punishment is strictly dealt with,pay attention to the recidivists education;Take a page out of the "Three Strikes and You’re Out" reasonable elements to deal with repeat felons;In the end,the punishment principle of recidivism should be strictly punished.The second recidivism should be given a heavier punishment if it constitutes recidivism.Where a third repeat offense constitutes a recidivist,a recidivist with a greater personal danger may be given a heavier punishment;A person who commits a crime several times(four or more times)and constitutes a recidivism shall be given a heavier punishment.To commit crimes of endangering national security,and black evil nature organization crime and terrorism crime,murder,robbery,rape,kidnapping and drug trafficking,arson,explosion,endangering state security,terrorism crime,violent crimes such as black evil nature of the criminal was sentenced to more than a criminal,for the third time it again,after a comprehensive measure their personal risk,If it is found that past criminal punishment experience has no effect on reforming a recidivism and there is a possibility of recidivism,the recidivism shall be given a heavier punishment.