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The Construction of Unit Recidivism System of China

Author: LiuZuo
Tutor: ZhangJiHan
School: Central South University
Course: Law
Keywords: unit recidivism constitute conditions penalty qualification penalty
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 0
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Abstract


It’s more common now days to repeat the unit crime after the punishment of the first unit crime in our society. Due to this reason, in order to fully reflect the principle of equality of the crime low, to give better punishment system to the repeated unit crime, against multiple unit crime in reality, to give effective prevention of the crime recidivism, to play the function of the punishment, the unit recidivism punishment system should be build, and give heavier punishment to the repeated unit crime.The unit due to intentional acts of committing crimes against society, will be consider as unit crime, repeat the crime within five years from the date of effect or pardoned since the verdict will be identified as unit recidivism, should give heavier punishment, except for criminal negligence. The unit recidivism system includes common unit recidivism and special unit recidivism. The common Unit Recidivism is:the unit crime was identified as a result of the intentional acts, to repeat the crime within five years from the date of effect or pardoned since the verdict will be identified as unit recidivism, the subjective conditions is intentionally. The special unit recidivism means to repeat the crime after the first punishment effect or pardoned because of following three types of crimes in anytime. These are:endangering to the national public safety crime; terrorist crimes; mafia crime. The different between the common unit recidivism and the special unit recidivism is:due to endangering to the national public safety crime; terrorist crimes; mafia crime these three types of crimes, there is no time limit constraints and subjective aspect at the same time.To make the punishment system for the unit recidivism, not only give heavier punishment based on the original penalty but also need to build some suitable penalties for the present economic and social situation of our country, and some creative penal measures like Community service penalties, Qualification Penalty and so on.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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