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本文是从理论上对单位累犯所作的研究。This dissertation is the research of unit recidivist on theory.
刑法典第三百五十六条实质上是关于特别累犯的规定。Essentially, Article 356 Of Penal Code stipulates special recidivist.
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也许,只有最顽固的头听着觉着到了这个能力有多么特别。Perhaps only the most recidivist eavesdroppers are aware how special this ability is.
我国刑法理论界对累犯制度研究一直较为重视,但缺乏系统而深入的研究。Our country's criminal study pays attention to recidivist system all the way, but a deep and systematic research is needed.
在此基础上,笔者认为设立累犯制度的理论依据是社会危害性基础上的人身危险性。On this basis, I think set up theoretical foundation , recidivist of system social harmfulness foundation personal dangerous.
累犯制度作为一项源远流长的刑罚制度,其设立的现实依据,就在于人类社会重新犯罪现象的存在。The regulation of recidivist has long history. Its realistic basis is the existence of committing crime again in human society.
在完善未成年人犯罪刑事责任制度建议部分,笔者主张对未成年人取消刑事前科制度,由此主张未成年人不构成累犯。In part four, the writer will suggest to abolish the previous criminal record system, so the recidivist system cannot apply to minors.
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"当然有不少的不满情绪,"一位参与金融纾困的欧洲消息人士称.""There certainly is quite some dissatisfaction," said a senior European source involved in the financial rescue. "Weber is a recidivist.
该部分着重介绍了人身危险性的判断概况,分别阐述了再犯可能性的表征和初犯可能性的表征。In the part, the author introduces the judgment of personal dangerousness and expands the criterion of judging the recidivist and first offender.
具体而言,应适当扩大特别累犯之范围,增设单位累犯,并针对不同累犯确立不同的处罚原则。In detail, we should enlarge the range of special recidivist properly, add corporate recidivism and establish different punishment principle aiming at.
第六十六条危害国家安全的犯罪分子在刑罚执行完毕或者赦免以后,在任何时候再犯危害国家安全罪的,都以累犯论处。If a criminal of endangering national security commits the same crime again at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.
现行刑罚体系中无期徒刑、罚金、剥夺政治权利的刑种和累犯制度适用于未成年犯罪人不合理,应予革除。However, in the system of current criminal penalty, such as life imprisonment, fine, deprivation of one's political rights and recidivist system are unsuitable for minor's crime.
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第六十六条危害国家安全的犯罪分子在刑罚执行完毕或者赦免以后,在任何时候再犯危害国家安全罪的,都以累犯论处。Article 66 If a criminal of endangering national security commits the same crime again at any time after serving his sentence or receiving a pardon shall be dealt with as a recidivist.
累犯制度作为一项基本的刑罚制度,在整个刑罚体系及刑法学体系中处于非常重要的地位。The current condition of recidivist system is not parallel to its status in criminal jurisprudence, hence the recidivist system can not adapt to the changing criminal legislation and j.
教育和就业培训能够让他们在日后的生活中靠自己生存下去,而不至于因为没有收入来源而再次误入歧途。With convenient access to education and job retraining, they are able to survive by themselves, greatly reducing the chance of becoming a recidivist in times when they are financially challenged.