论一般累犯构成的刑度条件

On Extent of Punishment for Ordinary Recidivism

我国新旧刑法规定,一般累犯构成的刑度条件是:前罪为被判处有期徒刑以上的刑罚,后罪为应当判处有期徒刑以上的刑罚。文章认为,该规定及我国刑法理论对此的解释存在片面、牵强和不合理之处,建议取消我国刑法对一般累犯前后罪的刑度条件限制。

Both the new and the old criminal laws of China have defined the extent of punishment for ordinary recidivism, that is, a criminal has been sentenced to a fixed-term or above imprisonment for his/her first offense, and should receive a fixed-term or above imprisonment for his/her second offense. This paper argues that the provision, together with the interpretation thereof by the present theoretical circles in China, turns out to be incomplete, farfetched and unreasonable. It is therefore suggested that the legislative body eliminate this limit on the extent of punishment for ordinary recidivism.