论澳门刑法中的累犯制度

On the System of Recidivism in Macao's Criminal Law

澳门刑法典中的累犯制度 ,经历了“行为中心论”至“行为人中心论”的演变 ;受两大法系和东西文化交替影响以及华人居于主体的社会结构 ,导致其累犯制度的设置具有独特性 ;有关累犯人格评价因素的规定、刑罚时效完成后能否构成累犯、服刑中的犯罪人能否构成累犯以及关于累犯法域条件等立法选择 。

The system of recidivism in Macao's Criminal Law has experienced twoperiods of evolution, from “action center” to “the actor center” , and it has the unique character which is influenced by the two major law systems and is made by the social structure that Chinese people is the majority. This paper holds the ideas that some aspects in the system need to be studies to find out whether they are really rational, such as, the provisions of the evaluation of the recidivists personal quality, whether after the punishment completed and the prisoners can be taken into the provision of recidivists, and so on.