On The Elements Of The Establishment Of Chinese Ordinary Recidivism

Abstract:Recidivist system is an ancient system of penalty measurement. Recidivism due to its subjective malignant and serious danger become the focus of national criminal policy to combat in our country. The important content of recidivist system is the system of penalty measurement. Establishing recidivism system for the protection of the special and general prevention goals has important practical significance to punish crime and prevent crime in our country. It is divided into two kinds, one kind is ordinary recidivist, one is the special recidivist. The special recidivist is not within the scope of this paper, and the establishment of conditions of ordinary recidivism is the basic point of this article reviews.Accordingly, conditions of establishment of ordinary recidivism:body condition, subjective condition, the punishment condition, time condition. Through researching the four requisites for ordinary recidivism, the author draws some of their own point of view. The author thinks, units and minors cannot become the subject of ordinary recidivist; negligent crime is also a serious harm to society, negligent offenders also have great personal danger. There is a realistic basis adding fault recidivism; punishment elements,"was sentenced to prison penalty above in prison" should be the sentence comprehension,"should be sentenced to a punishment more than in prison" should be the prescribed punishment understanding; the time element, expiration of probation recidivism should be incorporated into the general recidivism category. In the probation period again crime does not constitute recidivism. The author believes that the study of these problems is conducive to clarifying the ordinary recidivist conditions and has a certain practical significance for the correct identification of the general recidivism.