Study On Unit Recidivist

Unit recidivist is a term developed with the establishment of unit crime in legislations and its existence in practice. Without these legislations, there is no need to study unit recidivist. However, when theoretic research becomes more and more deep into the unit crime, study on unit recidivist has not made much achievement. On one side, this is partly because research on recidivist system has been stagnant and scholars have not had much interest; on the other side, as a new special object, study on recidivist in unit crime is more or less influenced by personal recidivist system and can not get rid of its mode. As an important part of punishment system, unit recidivist is a type of recidivist by a special object; hence the insufficient study on it is a theoretical vice of criminal law. So the author wishes to make some promotion to the study by this dissertation and to perfect recidivist system. By comparing different viewpoints, listing various data and analyzing theoretically, this dissertation suggests to set up unit recidivist, mainly discusses the conditions to constitute unit recidivist and legal sequence, puts forward its own viewpoints. Except the foreword, this dissertation has four parts, which are: the first is about an overall introduction to the recidivist system and the need to establish it; the second is a list of different viewpoints about whether unit recidivist exists or not and the necessity and possibility of creating unit recidivist; the third is the conditions to constitute unit recidivist and principals in punishment; and finally, the fourth part gives some probe into the application of unit recidivist.In the first part, the concept of unit recidivist is briefly introduced. It is held that recidivist is a multi-fold concept and can be defined from four aspects of criminal behavior, types of offender, circumstances of sentencing and punishment system. This dissertation studies it mainly from the aspect of heavier punishment in criminal punishment discretion. Then, the basis to set up recidivist system is mainly discussed. It is argued that the basis is the practical need of unit crime and theory of " retribution goes first, taking utility into consideration at the same time".First, based on the introduction to and evaluation of different viewpoints about whether unit crime exists or not, the second part emphasizes its own viewpoint, i.e., now in china there is no unit recidivist, the recidivist system stipulated in the general provisions of Chinese criminal law is inapplicable to unit crime; article 356 in specific provisions is not a stipulation about unit recidivist of narcotic drugs. It suggests creating unit recidivist system. And then ,the authors explains the need to create unit recidivist from three ways, the first of which is the requirement of criminal law, the second of which is required by the practical characteristic of unit crime, and the third of which is philosophy provides theoretical foundation for unit recidivist .As to the possibility of creating unit recidivist, three proofs are given. Firstly, examples of other countries can been taken as reference; secondly, the theory of unit crime makes it possible to set up unit recidivist; and lastly, legislation can alter the punishment method for the criminal unit.The third part stresses the conditions of constituting unit recidivist and its legal consequence. If after the execution of fine or indemnity, any unit, who is fined a sum, whose persons are directly responsible and sentenced fixed-term imprisonment or above, commits crime that should be subjected these punishments in five years, then it should be punished as unit recidivist. This part is the emphasis of the dissertation and the new viewpoint of the author that is different from other scholars'.Concerning to some circumstances like the alternation of unit's legal forms, the change of persons who is responsible in the unit, criminal punishment sentenced by other countries, the fifth part discusses further relevant problems in the application of...