Reflections On The System Of Special Recidivism

Recidivism System has been a hot concern issue in academic, and also a powerful means of criminal law to prevent and combat crime. It plays an important position in the theory of criminal law and practical application of research. Also as Special Recidivism System. In 2011, after "Criminal Law Amendment(eight)" promulgated, the regulation category of our country’s recidivism system has changed from one class of crime which called Crime of endangering national security into three. The mafia organized crime and terrorism crime that in high frequency aroused concern are also included in the regulation of special recidivism. The species of special recidivism showing a fission growth trend, greatly expand the scope. The legislation of the special recidivist arise a heavy trends evident. However, the existence and the development of special recidivist system has its own laws. Today, the mafia organized crime and terrorism crime that in a high frequency, blindly expanding the scope special recidivism cannot fundamentally solve the problem. There is a need to do on this issue in detail, which providing the guidelines for Special Recidivism System to effectively play a role in the criminal law’s purpose of protect Legal interest.This paper is using literature inquiry, historical analysis, case analysis and comparative analysis and other research methods, Based on the criminal law theory and the outcome of judicial practice, to discuss our special recidivist system. Build in specific content of the article. First, on the basis of relevant literature and previous legislative experience. Described and analyzed the recidivism’s traceability, concepts, basis of establish and the position reflected in the various countries of the criminal law.,Described and analyzed the recidivism’s traceability, concepts, basis of establish and the position reflected in the various countries of the criminal law. 。 From the horizontal and vertical viewing to provide information for the problems discussion, while the introduction of temper justice with mercy criminal policy, to pave the way for the later writing. On this basis, with the temper justice with mercy criminal policy to analyze our country’s recidivist system.And then found that, despite the expansion of special recidivist criminal regime applicable regulation can play a role in a certain extent, a certain period, but as a strict social sciences, the development regular pattern of criminal law cannot protect the Legal interest only rely on criminalization, Aggravated. Therefore, appropriateness of criminal legislation should be considered in the same sin nature, extraterritorial legislative trends, the area of applicable body and penalty effect. Therefore, the scope special recidivism cannot meet the needs of the moment in order to expand freely, it may cause many negative effects. In view of this, the paper believe that in order to avoid the adverse consequences of existing special recidivism system expansion brings, should take the temper justice with mercy criminal policy as our guideline. In the context of the theory of criminal law, reasonably absorb relevant experience of judicial practice. In order to provide a reference for the Improvement of special recidivism system, tolerance should be tolerant, stringent should be stringent.