Recidivism In China To Explore

The system of recidivist is important in criminal law to prevent and lessen the rate of recidivist over the world. As far as the penalty system is concerned, recidivist, which is regarded as a special type of crime, denies the penal effect of fore-criminal. With the economic and social development of China, The recidivism system of the criminal law in our country has had further development. But there are some drawbacks in the law, which like most systems established by the mankind. We need to make improvement on the system of recidivist. This paper attempts to advance some legislative proposals on the system of recidivist.With approximate 32000 characters, this article is to be divided into three parts:Part one: The foundation of the system of recidivist. The first part introduces the development of the foundation of the system of recidivist firstly. Then the legislative basis of the system of recidivist has been generalized. The article indicates that the reasonable scientific basis of criminal liability of recidivists is the principle of integrating the subject and object. Finally, which legislative basis we should adopt has been clarified.Part two: The concept of the recidivism. It is necessary to define the concept of the recidivist clearly if we want to carry out a scientific research. The article analyses the theoretical basis for the system of recidivist in constitutional conditions according the theory of recidivism discussed before, and gives the own point of views on how to perfect the constitutional conditions of recidivism in our criminal law. This article holds that the recidivist is a fact first; then, the recidivist refers to a category of criminal; and finally, the recidivist is a kind of system of discretionary action of sentencing.Part three: The research of the existing recidivist system of our country. The issues about the recidivist committed by corporate, the recidivist of juvenile, the harmonizing of recidivist system and parole system, special recidivist, penalty system of recidivist and the application of recidivist have been explained. Finally, this paper advances some legislative proposals on the system of recidivist.