劳教制度废止后对盗窃惯犯法律规制问题研析.pdfVIP

上海交通大学硕士学位论文 THE RESEARCH OF THE REGULATION TO THEFT RECIDIVISTS AFTER THE ABOLISH OF RE-EDUCATION THROUGH LABOR SYSTEM ABSTRACT Theft recidivists are big problem which can endanger public security, and it’s also difficult to regulate in law and justice. In the past 3-level sanctions system, theft recidivists are often out of criminal penalties for its small offences. And meanwhile our administrative penalties are lack of severity, so it also can’t play a major role in prevention and controls to the recidivists. In this background, re-education through labor system becomes a important way of giving the effective punishment to the theft recidivists. So, now days, with the abolish of re-education through labor system, how to rebuild a reasonable and effective system of legal regulation has become an important issue. This paper is divided into four parts. The first chapter is the rise of question. Re-education through labor system has a positive impact on improving the punishment system, making effective educational correction for habitual offender, and criminal control. 万方数据 上海交通大学硕士学位论文 And its drawbacks also cannot deny. Therefore, when re-education through labor system has gone away, how to make the corresponding adjustment to the system of legal regulation is a good question to think about. The second chapter is about the present situation and the plight of the legal regulation to the theft recidivist. When making a list of the law about theft recidivist, you can find that the new regulation has reduced the standard of theft conviction, and given more focus on those who have criminal record. Th