The Study On Chinese System Of Recidivist

The recidivism system has a lot of controversy in Jurisprudence and manychanges in legal system.The regulation about the recidivism system in the criminallaw always changes. In the Eighth Criminal Amendment enacted on25February2011,the recidivism system is modified remarkably. The modifications are that it definitelyexcluded negligent crime and the crime that its subject is Juveniles from therecidivists and enlarged the range of the special recidivism to "crimes endangeringnational security",“underworld-like crime” and “terrorist crimes”. It is noteworthythat except the ordinary recidivism and the special recidivism in its generalprinciples,the drug recommitments was regulated in specifics. Although the name isdifferent, they have many same points in contents..This paper is based on thecomprehensive survey of ordinary recidivism, special recidivism and drugrecommitments, comparably analyzes them belonged to the recidivism system to havemore clear understanding about them. At the same time, through the comparativeanalysis, the author puts forward the standpoints to the current regulation which isunreasonable. Limited by my knowledge and ability, a lot of views and methods thatthis paper puts forward still have many defects, here,I hope every teacher criticizeand give directions to offer more too. This paper is divided into four chapters, besidesintroduction. They are as follows:Chapter1introduces the historical evolution of the ordinary recidivism, thespecial recidivism and drug recommitments. Through combing the historicalevolution, the paper studies the development process of their own. Hereby, it shows that law takes different points towards them.Chapter2describes their constitutive requirements. From the horizontal angle,the criminal law regulates the ordinary recidivism and the special recidivism in itsgeneral principles, but drug recommitments in specifics, therefore, there are somedifference in their constitutive requirements. From the vertical angle, with thedevelopment of the criminal law, the recordation about constitutive requirements stilldiffers, too. So it is necessary to study the constitutive requirements.Chapter3compares the ordinary recidivism, the special recidivism and drugrecommitments. This chapter is key to the paper. The comparison about the ordinaryrecidivism, the special recidivism and drug recommitments includes the commonpoints and differences. The common points are base to the comparative study, whilethe differences show their features. What is more important, it is clear that which isgood or bad through the comparison.Chapter4shows author’s prospect on legislation. Based on the first threechapters, the forth chapter emphatically analyzes the unreasonable regulations of thecriminal law, combined with the current practice, makes pertinent suggestions.