Research On Recidivism System

Recidivist's system is that one kind is old and still has era systems. Say it is old, because it have a long history, not here appear China the its first on <>In the regulation that China " relies on thief's punishment of end "; Abroad, recidivist's system can be traced back to and committed crime in the regulation aggravated again in the ancient Rome law; Say it is stylish, is that because since recidivist's system or recidivist's thought are produced this is prosperous forever directly , all go through " pet " towards past dynasties criminal law and receive much concern at all times and in all lands, and in each eras, it is not the same to the recidivist's regulation in each country, even the difference is quite great sometimes, so, according to this, recidivist's system is that a legal principle has the dispute quite more, changes greater system on legal system .At present, there is a lot of domestic and international study on recidivist's system, what various kinds of theories are disputed is quite fierce. I attempt to be synthesizing on the domestic and international foundation that is studying about recidivist's system, prove the recidivism system of our country emphatically, and legislate to put forward one's own legislative suggestion to the recidivist of our country. I think our country present recidivist system too generally , administration of justice person who operate it better, especially to the recidivist's extremely difficult assurance of measurement of penalty, it is apt to cause fining , coming in and going out people's crime with the crime differently, in order to change this state, general recidivism that I turn the recidivist detailedly further according to the social size of harmfulness of the crime and dangerous size of everybody's body of crime, dangerous recidivist, three kinds very dangerous recidivists. Criminal whom the general recidivist is sentenced to punishment of not less than fixed-term imprisonment , at penalty after being finish or absolved, within 5 year and should sentence intentional offender to punishment of not less than fixed-term imprisonment and in front and at the back of crime for kinds of guilty one not different; Criminal whom the dangerous recidivist is sentenced to punishment of not less than fixed-term imprisonment, after it or can't absolve in penalty finish,within 10 year and should sentence intentional offender to punishment of not less than fixed-term imprisonment and in front and at the back of crime for and kinds of guilty one; Organize the crime or the guilty criminal of terroristic organization in very dangerous recidivist commits the crime of endangering the national security on purpose promptly , drugs crime , underworld nature , after penalty is finished or absolved, it is committed crime above to recommit at any time. Treat with a certain discrimination to the thing that these three kinds of recidivists are on the measurement of penalty , carry out a death sentence; Set up minors under 18 at the same time and does not form recidivists , crime and terroristic organization crime are listed in very dangerous recidivist's range to organize the drugs crime that the social harmfulness is great, underworld nature, stand side by side with the crime of endangering national security, prevent specially; I still propose introducing the " three is hit outly " bill of U.S.A., in order to prevent those personal dangerous and great criminals completely, make it isolate with the society completely; Whether author finally is it set up three though crime according to exceptional situation that recidivist treat to propose also. First, the actor formed the crime excessively for self-defence, urgent danger prevention ; Second , have the one that renders meritorious service to give oneself up greatly to behave after the crime; Third, the coerced offender in complicity; This text divides four chapters altogether:Part one Recidivist's summary. Describe the recidivist's concept, development biref history of classification and Chinese and foreign recidivist's systems emphatically.Part two Set up the theoretical foundation of recidivist's system. It is that the subjective malignant saying , social harmfulness mediate a settlement and say personal dangerously to evaluate and analyse three kinds of popular present theories emphatically. On this basis, I think set up theoretical foundation , recidivist of system social harmfulness foundation personal dangerous.Part three The recidivist's composition important document. Still supported by composition important document of general recidivist and special recidivist of our country, it classifies to be general recidivist , dangerous recidivist and reorientate three composition important document of recidivist at the dangerous foundation of recidivist very in new recidivist.Part four The recidivist's punishment principle. Divided into a foreign principle of punishment to recidivist and principle of punishment to recidivist of our country, and propose the author's legislative suggestion on this basis.