Why are there recidivisms? Why is there a crime

Legal analysis: Crimes need to bear corresponding criminal responsibility and be subject to criminal punishment, and the criminal penalties stipulated in China's criminal law include the main punishment and the supplementary punishment. The main punishments include controlled release, short-term detention, fixed-term imprisonment, life imprisonment, and the death penalty; Additional penalties include fines, deprivation of political rights, and confiscation of property.

Legal basis: Criminal Law of the People's Republic of China

Article 32: Punishments are divided into principal and supplementary punishments.

Article 33: The types of principal punishments are as follows:

a) control; 2) Short-term detention;

3) fixed-term imprisonment;

4) life imprisonment;

5) The death penalty.

The reasons for committing the crime are as follows:

1. In many cases, people deliberately or unintentionally ignore the rules for the sake of certain interests, and feel that they will not be punished if they destroy it, so they choose to commit crimes;

2. For example, a group of people call for food, but the food is not enough, at this time, someone steals everyone's food in order to survive, he thinks that being beaten is far better than starving to death, or thinks that no one will find out, so why commit a crime;

3. One of the root causes of crime is the comparison of the cost of crime, many people today do not have a job, feel that they are very cheap, the cost of crime is very low, and the benefits are very high, therefore, they choose crime.

The three basic characteristics of the crimes stipulated in the Criminal Law are as follows:

1. The crime is an act that endangers society, that is, it has a certain degree of social harm;

2. The crime is an act that should be punished by criminal punishment, that is, it is punishable;

3. A crime is an act that violates the criminal law, that is, it has a criminal violation.

Legal basisArticle 22 of the Criminal Law of the People's Republic of China.

Preparation for crime] In order to commit a crime, it is a preparation for a crime to prepare tools and create conditions.

For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed.

Article 26.

Principal offender] Those who organize or lead a criminal group to carry out criminal activities or play a major role in a joint crime are the principal offenders.

Criminal group] A relatively fixed criminal organization formed by three or more people for the purpose of jointly committing a crime, and is a criminal group.

The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.

Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.

When a criminal is released from prison, he or she recidivizes again, which is contingent and inevitable. First of all, we must talk about the issue of education, which is not omnipotent, but is influenced by people's subjective thoughts and the humanistic environment. In addition to crimes of negligence, most of the prisoners in prisons have subjective factors, and the distortion of values and social outlook cannot be changed simply by being locked up for a period of time or attending classes for a few years, especially adults.

Legal basis: Criminal Law of the People's Republic of China

Article 3: Where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Article 4: All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.

Article 5: The severity of the punishment shall be commensurate with the criminal offense committed and the criminal responsibility for the offense.

Legal Analysis: There is a certain inevitability that a criminal is released from prison and reoffends again. First of all, we must talk about the issue of education, which is not an all-powerful ethnic base, but is influenced by people's subjective thoughts and humanistic environment.

Except for negligent crimes, the vast majority of prisoners in prisons have the factor of being closed off from the main view, and the distortion of values and social outlook cannot be changed simply by being locked up for a period of time or attending classes for a few years, especially adults.

Legal basis: Criminal Law of the People's Republic of China

Article 3: Where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Article 4: All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.

Article 5: The severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.