累犯“三振出局”制度之探讨

Probe into the "Three Strike-outs" System for Recidivist

累犯处遇是刑事政策上一直探讨的重要课题。美国累犯"三振出局"制度的出台引发学者们的争议,而我国台湾地区"刑法修正草案"中"特别累犯"规定,也推动着人们对累犯处遇制度的思考。通过对累犯"三振出局"制度的理性分析,其存在的正当性根据值得推敲。在对我国累犯处遇制度进行检视后,应对累犯处遇制度进行合理的调整。

The treatment of the recidivist is one of the important subjects being discussed on the criminal policy. The enactment of the ＂three strike - outs＂ system for the recidivist in the United States causes a heated discussion among the scholars, and the ＂special recidivist＂ regulations in the amendments of criminal law in Taiwan also make the scholars think over the system of the treatment of the recidivist. With the reasonable analysis of the ＂three strike - outs＂ system for the recidivist, the present writer thinks that the justified reasons of its existence are doubtful. After examining and inspecting the treatment system for the recidivist in our country, the writer believes that it is necessary to adjust the treatment system for the recidivist rationally.