| It has been always a focus on the issue how to prevent and lessen the rate of recidivist for scholars of criminal law and criminology over the world. The system of recidivist is an important measure in criminal law for its specially aimed to this issue. The system of recidivist involves so many issues concerning criminal law theory and judicial practice that it is impossible to be elaborated on by a thesis for master degree. Under this situation, the author selects four typical issues to discuss. Combined the current condition, the thesis, embarking on its foundation stone, brings forward some suggestions about the improvement of the system of recidivist in order to maximize its function of preventing and lessening recommitting criminal.Besides the preface, the thesis includes four parts. Part one is research on the foundation stone of the system of recidivist. Part two is research on conditions of the scope of law in the recidivist constitution. Part three is legislative reconsider on special recidivist system. Part four is improvement on legislation of special recidivist system. There are about 33,000 words in the whole thesis, including 3,200 words of the footnote.Part one: research on the foundation stone of the system of recidivist. In this charter, the author compares the two legislative models on recidivist, which are behavior-orientated or objectivism and actor-orientated or subjectivism respectively, analyzing the merits and demerits of the two models. Then, the author demonstrates the underline of recidivist system in our country's existing criminal law. The author holds that the recidivist system in our country's existing criminal law is based on the theory that unifies the objectivism and the subjectivism. This lead to pays little dangerousness of the person. So, it is essential to draw out those acts that show no or little dangerousness of the person and thus be enacted. If the latter crimes as a condition of recidivist constitution are juveniles, behaviors of non-societal dangerousness committed beyond the limit according to law, those crimes committed for place righteousness above family loyalty, the latter crime is discontinuation of crime, the latter crime is misdemeanor and includes ingredients of surrender and make contributions, the latter crime is misdemeanor and coerced accomplice. Part two: research on conditions of the scope of law in the recidivist constitution. So-called conditions of the scope of law in the recidivist constitution is referred to the situation that if a man committed crime outside of our country, whether the penalty put on him can be a recondition of constituting recidivist. Of cause, under the policy of "one country, two system", the cases the penalty from Hong Kong, Taiwan, and Macao can also be applied to the issue of mainland recidivist. Firstly the author holds that our country does not acknowledge the effectiveness of penalty from outside of our country or mainland. And so comes the perplexity in the judicial practice. Secondly, through analysis the three kinds of theory and the crime trends, the conclusion can be drawn out that our country should acknowledge the effectiveness of penalty from outside of our country or mainland. As to the recidivist who committed crime outside of our country or mainland and committed crime in our domain, the two crimes should treat as integrality. And some feasible suggestions on this are given.Part three: legislative reconsider on special recidivist system. This charter embarks on the issue whether the special recidivist as drug-crime exists in our criminal law. The author holds that the content of Clouse 356 of Criminal Law of China neither accords with the special recidivist nor can be regarded as recommittal. It originates from the policy that cracks down the drug-criminal with heavier punishment. Thereby, the author puts forward some suggestions that our criminal law should expand the scope of the special recidivist.Part four: improvement on legislation of special recidivist system. The recidivist...
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