The Research Of The Regulation To Theft Recidivists After The Abolish Of Re-education Through Labor System

Theft recidivists are big problem which can endanger public security, and it’s also difficult to regulate in law and justice. In the past 3-level sanctions system, theft recidivists are often out of criminal penalties for its small offences. And meanwhile our administrative penalties are lack of severity, so it also can’t play a major role in prevention and controls to the recidivists. In this background, re-education through labor system becomes a important way of giving the effective punishment to the theft recidivists. So, now days, with the abolish of re-education through labor system, how to rebuild a reasonable and effective system of legal regulation has become an important issue.This paper is divided into four parts.The first chapter is the rise of question. Re-education through labor system has a positive impact on improving the punishment system, making effective educational correction for habitual offender, and criminal control. And its drawbacks also cannot deny. Therefore, when re-education through labor system has gone away, how to make the corresponding adjustment to the system of legal regulation is a good question to think about.The second chapter is about the present situation and the plight of the legal regulation to the theft recidivist. When making a list of the law about theft recidivist, you can find that the new regulation has reduced the standard of theft conviction, and given more focus on those who have criminal record. That means the cases of minor can be ruled by the criminal law instead of re-education through labor, and stiffen the penalties to the one who has criminal record on the basis of that. Based on the analysis of present situation, some difficult realities meet with law and justice.The third chapter is about the regulation to theft recidivists in Chinese history and other place. First, we introduce Chinese law history about it: in feudal period, the ancient regime make the law that theft recidivists should suffered the tortures; In the Qing dynasty, officials create Zi Xin Suo to re-educate the recidivists; The criminal law in 1979 made crime of habitual theft to regulate the recidivists heavily. And second we make an analysis of the effect of the security assurance system in Germany, Italy, Taiwan district of China, and the difference from criminal penalty. Thus we can learn from the above content when improve our law system.The fourth chapter is about the proposition of improvement of regulation to theft recidivists. First, we should add the additional recidivist conviction and sentencing in criminal law. Second, we should introduce the security assurance system, which can strengthen the effectiveness of the prevention and controls. Third, we should introduce electronic monitoring into the community correction, which can make the correction works well.