对我国累犯量刑制度的质疑

Doubts about the Measurement of Recidivist Punishment in China

确定累犯刑事责任根据的唯一基础应是犯罪构成。从犯罪构成分析,认为累犯一定比初犯的社会或人身危害性更大的观点并不正确,对累犯一律从重量刑的合理性值得怀疑。因此,我国应引进保安处分制度,以完善我国累犯量刑制度的措施以改变当前累犯犯罪率不断升高的不利局面。

With an attempt to demonstrate the responsibility evidence of recidivist punishment,the author points out that its only foundation is the commitment of crime. On the basis of refuting the assumed viewpoint that recidivists bring more harm to personal and social safety than first offenders,several doubts are brought forth about the rationality of the present existing measurement standard. In order to meet the requirement for the guarantee of human rights and social security,some concrete measures such as the introduction of protective punishment are proposed in accordance with the adaptability of recidivist punishment. It is our sincere wish that the discussion will be of some reference to bringing the punishment system to a more rational,scientific level so as to change the disadvantageous situation with sharp increase of the recidivist rate.