PARTICIPANTS’ PAPERSCONTEMPORARY RECIDIVISM AND ITS CONTROLIN CHINA
Yu Tongzhi*
I. INTRODUCTION
Recidivism is a complex social problem which has caused worldwide concern. The recidivism rate
reflects the public security situation of a country or a district, and directly reveals the effectiveness of thecriminal justice system, especially the corrections system. Nowadays, due to its serious social
perniciousness, reducing recidivism has become the emphasis of punishment and prevention in eachcountry’s system of criminal justice. However, promoting public safety and controlling recidivism requires
complicated engineering of social systems, which must co-ordinate the strengths of the whole society andmake use of various means and methods in executing a comprehensive plan.

II. CONCEPT OF RECIDIVISM IN CHINA
Generally, recidivism is defined as the criminal actions of released prisoners who return to prison for a
new crime committed within a certain period after release. The Criminal Law of the People’s Republic ofChina, Article 65 stipulates: “If a criminal commits another crime punishable by fixed-term imprisonment ora heavier penalty within five years after serving his sentence of not less than fixed-term imprisonment or
receiving a pardon, he is a recidivist and shall be given a heavier punishment. However, this shall not apply
to cases of negligent crime. If a criminal convicted of endangering national security commits the same crime
again at any time after serving his sentence or receiving a pardon he shall be dealt with as a recidivist.”
According to the law, there are two types of recidivism: general recidivism and recidivism of crimes ofendangering national security.

A. General Recidivism
General recidivism is when a criminal commits another crime punishable by fixed-term imprisonment ora heavier penalty within five years of serving his sentence of not less than fixed-term imprisonment or
receiving a pardon. Its constituent elements are as follows:
1.
2.
3.

The first crime and the subsequent crime are intentional crimes;
The punishments of the first crime and the subsequent crime are fixed-term imprisonment ora heavier penalty;
The subsequent crime is committed within five years of serving the first sentence or receivinga pardon.

B. Recidivism of Crimes of Endangering National Security
Recidivism of crimes of endangering national security occurs when a criminal convicted of endangering
national security commits the same crime again at any time after serving his sentence or receiving a pardon.
Unlike general recidivism, it doesn’t require either the first or subsequent crime to be intentional crimes,
nor specifies the type of punishment to be imposed or the length of time between the occurrences of thecrimes. However, both must be crimes of endangering national security. By legislating for this type of special
recidivism, it is clear that Chinese criminal law will punish crimes of endangering national security more
severely.
According to our criminal law, recidivism is defined as above. In practice, however, the scope of thedefinition is more extensive. Generally speaking, as a judicial concept in China, it means committing crime
frequently, and doesn’t strictly require certain kinds of crime, types of punishment, or lengths of time
between criminal actions etc.

* Judge, Beijing High People’s Court, China.

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III. THE CURRENT SITUATION OF RECIDIVISM IN CHINA
Compared to western countries, the rate of recidivism in China is very low. However, the current
situation of recidivism doesn’t make people optimistic. On the contrary, especially in this period of social andeconomic transition, the character of recidivists and the trends of recidivist crime have caused many people
to be seriously worried.

A. Quantity Characteristics
The Ministry of Justice organized a continuous study in 27 provinces, municipalities and autonomous
regions throughout China lasting for five years (from 1986), to investigate and study the behaviour ofprisoners released from 1982 to 1986. In five years, a total of 137,000 released adult prisoners were
investigated, and the recidivism rate of these people three years after release from prison was 5.19%. In thesame period, however, the recidivism rate of western countries was up to 50% or so. This demonstrates thatthe recidivism rate of China at that time was very low.
At the beginning of the 1990s, China began to pursue a market-oriented economy; with this transition insociety and economy, manpower and financial and material resources increased on an unprecedented scale.
These changes induced released prisoners to recommit crime, but the powers of restriction and prevention
were weakened, so public security did not change for the better, and the crime problem became more andmore serious. The Chinese Ministry of Justice investigated more than 27,000 criminals from across thenation taken into custody in 1996. Among them 13.27% had been sentenced at least twice. However, thisfigure was only 6.34% in 1984 and 8.55% in 1990. These statistics show clearly that the recidivism rate of
our country in the middle and later years of the 1990s rose to twice that of ten years previously.
Next, what about the recidivism rate in China in recent years? I do not have the nationwide data, but I do
have some information of specific provinces. In 2002, Zhejiang Province Prison Administration Bureau
calculated that 13.27% of the total number of prisoners of that province had been sentenced at least twice inthe past four years. The details of these four years are as follows: it was 13.2% in 1999, 13.64% in 2000,
14.23% in 2001, and 14.4% in 2002. This information proves that the rate of recidivism in China today has
increased to some extent compared to several years ago, and is also indicative of the trend of annual
increases in the problem.

B. Quality Characteristics
Not only has the rate of recidivism increased, the gravity of recidivist crime has also intensified in recent
years. According to statistics from the Chinese Ministry of Public Security, homicide cases at the beginningof the 1980s (1980-1983) increased on average 2.6% every year, but rose unexpectedly by 15.32% from 1984
to 1990, with a particular increase in serious and major cases. In 1985 were only 80,000 such cases,
thereafter increasing sharply to 450,000 cases in 1990, 540,000 cases in 1993, and 700,000 cases in 1995.
Important and major cases as a proportion of the total number of crimes was only 9% in 1985; but rose to
21% in 1990; 33% in 1993; and 42% in 1995. A great deal of these serious crimes was committed by released
prisoners. An investigation of the autonomous region of Guangxi shows that 19.7% of recidivism cases
caused death, severe injury or slight injury, and more than quarter of the cases involved amounts of money
greater than 10,000 RMB. It proves that the social harmfulness of recidivism is noticeable.
C. Recidivist’s Characteristics
1. AgeA sizable proportion of recidivists are young or middle-aged, and they have become younger in recent
years. Among recidivists, the 20-40 years old age group accounts for more than 85% of the total number ofoffenders. Compared to first-time offenders, recidivists are generally older. An investigation shows that the
18-25 years old age group accounts for 53.5% of all first-time offenders, and the 26-35 years old age groupaccounts for 30%; while the 18-25 years old age group accounts for 33.3% of all recidivists; the 26-35 years
old accounts for 45%. Most first-time offenders are 18-25 years old, and most recidivists are 26-35 years old.
2. Educational Level
Recidivists’ educational level is generally on the low side. According to the investigation conducted in
Guangxi, 94.7% of all recidivists are educated to middle or junior high school level only.

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3. Occupation
Among recidivists, the number of unemployed and peasant class persons is huge, accounting for 86.7% of
the total amount.
4. Sex
99.1% of recidivists are male.
5. Living Environment
An investigation of the Ministry of Justice shows that in China most released prisoners live in the
countryside or in small towns, and many of them have no jobs. Compared to first-time offenders, recidivists’occupational status and employment histories are generally humble. Because of unemployment and social
discrimination, the majority of offenders return to crime after release from prison.
6. Recidivism Timeframe
A majority (57.1%) of recidivists recommit crime within three years of release from prison. This factdemonstrates that the first three years after release is a key period in establishing an effective return tosociety.

D. Case Characteristics
Regarding case characteristics, the types of recidivist crime are relatively concentrated. The majority ofcases involve infringing against property, particularly stealing and robbery. The investigation from the Prison
Administration Bureau of the Autonomous Region of Guangxi shows that in almost six years, of recidivists of
the whole province, 39.7% were reincarcerated for stealing, and another 23.9% were reincarcerated forrobbing. The number of cases involving these two types of crime is higher than those of other crimes in
China.
At present, the average number of reoffences is increasing; nearly 40% of persons reoffend three or moretimes, and there has been an emerging tendency for ‘professional’ crime. Moreover, the phenomenon of
repeat offenders facing two or more charges is becoming more and more frequent. An investigation showsthat in 8.4% of recidivism cases the offender was simultaneously charged with two or more offences. Thosefacing three or more charges account for 1.1% of the total number of cases; the highest number of charges
faced by a repeat offender was six.
In addition, recidivism in China also appears to have become more sophisticated and technical in recent
years. Organized crime committed by released prisoners is rising. More and more criminals make use ofmodern communications and means of transportation to implement crimes, and plan elaborately andtactically in advance of criminal acts.
With reference to revivalism, like many developing countries, China faces difficult situations and difficult
problems, so it seems to be very necessary to strengthen research projects and co-operation with thesecountries in this respect.

IV. THE CURRENT MEASURES AND POLICES TO CONTROLRECIDIVISM IN CHINA
A. System of Punishment
1. Principal Punishments
The principal punishments in Chinese criminal law are as follows: public surveillance; criminal detention;
fixed-term imprisonment; life imprisonment; and the death penalty. The principal punishments are the major
ways of punishing criminals, of which the term of public surveillance shall not be less than three months andnot more than two years; the term of criminal detention shall not be less than 15 days and not more than six
months; the term of fixed-term imprisonment shall not be less than six months and not more than 15 years.
The death penalty is the heaviest penalty and can only be applied to criminals who have committed
extremely serious crimes. If the immediate execution of a criminal punishable by death is not deemednecessary, a two-year suspension of execution may be pronounced simultaneously with the imposition of the111

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death sentence. For anyone who is sentenced to death with a suspension of execution and who commits nointentional crime during the period of suspension, the punishment shall be commuted to life imprisonment
upon the expiration of that two-year period; if the criminal has truly performed major meritorious service,
his punishment shall be commuted to fixed-term imprisonment of not less than 15 years and not more than
20 years upon the expiration of that two-year period. In judicial practice in China, the overwhelming majorityof criminals who are punishable by death with a suspension of execution are spared the death penalty.
2. Supplementary Punishments
The supplementary punishments are as follows: fines, deprivation of political rights, and confiscation ofproperty. Apart from this, deportation is a supplementary punishment, which may be imposed independently
or complementarily upon a foreigner who commits a crime. Supplementary punishments may be imposed
independently. The above punishments are major judicial methods of controlling crime and recidivism inChina. When a criminal commits crime, a punishment shall be imposed upon him or her based on the facts,
nature and circumstances of the crime, the degree of harm done to society and the relevant provisions ofcriminal law. By means of the punishments, we hope to realize the prevention and/or reduction of crime andrecidivism.

B. Penalty Policy
The Criminal Law of the People’s Republic of China, Article 65 stipulates that recidivists “shall be givena heavier punishment”. So recidivism is an official reason for heavier punishment in accordance with theprovisions of Chinese criminal law.
To crack down on serious crimes and recidivism is China’s traditional penal policy. China has launchedseveral successive large-scale movements against serious crimes since 1982. Considering the harsh natureof criminal acts, a ‘strike-hard’ policy against serious crimes is still in place. In recent years, the focal point ofthe ‘strike-hard’ policy has been organized crime and gangster activities which are rampant at present.
On the whole, China maintains a high-tension approach to crime because it is accepted as an effective
way to prevent and control crime (and recidivism). In the past nine years (from 1998 to 2006), 6,201,191
criminals were pronounced guilty by the Chinese court system and 22.23% of them (1,378,525 people) weresentenced to imprisonment for more than five years. It is evident that quite a lot of criminals were given
serious penalties and need to receive correctional treatment for a long time.
In recent years, the Chinese penalty policy has begun adjusting to some extent; while placing anemphasis on sternly combating serious crime, we have begun to pay attention to implementing a light andmore lenient criminal policy for less serious offences. Some criminals, whose social harmfulness andsubjective evil is slight, are given non-custodial penalties such as fines, public surveillance, suspension ofsentence and parole, etc. China attempts to balance severity and leniency in its criminal policy. This is agreat adjustment of the Chinese penalty philosophy, and is an important social policy which China ispresently advocating and pursuing vigorously.

C. Policy of Correction
China firmly believes that people, including most criminals, can be rehabilitated. It is the basic target of
China’s policy of correction that criminals should become law-abiding citizens who can lead independent
lives.
Directed by this thought, China’s criminal punishment policy is focused on corrections rather thanstraightforward punishment. During the process of correction, the focus is on the implementation of theprinciples of humanism and education, and great attention is paid to the criminals’ conscious correction
through labour, morality, culture, technology and so forth. By these means, criminals can become law-abiding
citizens, giving up the intention to commit crime to fulfil their greed. China adopts the measure of combining
special State penal organs with civic society organizations. The main task of correction is undertaken by thepenal executive organs in prisons. At the same time, other departments and social strata contribute theirefforts to support and co-ordinate criminal correction throughout the whole process, which extends tomatters such as living arrangements after release and employment of the released prisoners. The
experiences of China, I think, show that an effective way to prevent and control recidivism is by paying great
attention to the education and correction of criminals.

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D. Policy of Social Education and Employment
The Policy of Social Education and Employment mainly refers to the education, employment, assistanceand management of released criminals. When the released criminals return to society and cannot establish a
residence and employment without assistance and regulation from society, they will tend to reoffend.
Therefore, China has always paid great attention to the task of assisting and educating released prisoners,
and has taken multigradation, multichannel and multiform measures to arrange post-release life, andfurthermore incorporates this work into the government public security system. In many places, special
factories and enterprises were established as the employment bases for released prisoners. These
enterprises provide employment for quite a long period. At the same time, based on the units and districts inwhich those people live, deposed by the government, we can mobilize civic organizations at primary levelsuch as residents’ committees, village committees, etc, to take part in the work of assisting, supervising,educating and managing released prisoners. In this way, we can comprehend and gain firsthand information
about their living conditions and employment, and settle their practical problems and difficulties actively.
Through such protective and precautionary measures, we effectively control and reduce recidivism to someextent.
V. CHALLENGES AND PROBLEMS IN CONTROLLING RECIDIVISM
A. Increase of Social Elements Which Can Induce Recidivism
Today, China is in the process of economic and social transformation. In the course of transition from theold structure to the new, there is likely to be some innovation required in the legislation, institutions andregulations which provide opportunities for criminals. In the presence of imperfect legislation andinstitutions, the negative aspects of a market economy will be more likely to appear and directly influence
the number, method, form, character and object of criminal acts. Particularly in recent years, with the wave
of urbanization and flourishing development which has pushed innumerable peasants and vagrants into
cities, the change in living circumstances in cities has induced or obliged many people to select the path ofcrime.
B. Tradition and Practice of Severe Punishment
In traditional Chinese legal culture, the idea of severe punishment for crimes has always been important.
Whenever crimes were rising and social security was deteriorating, the direct policy would be severe
punishment. For a long period, we were more likely to believe in striking hard against crimes and in theeffectiveness of penal deterrence. As a result, there were frequent large scale movements to severely
punish criminal acts. With the implementation of this policy, many criminals were sentenced to long term
imprisonment. Maltreatment in prisons was exposed as much as possible.
C. The Decrease of the Function of Correction in PrisonFirstly, the circumstances of criminals are becoming more and more complex at present, which increases
the difficulty of correction. Secondly, the quality of policies in prison cannot satisfy the development ofcorrections and meet fully the requirements of the task. Thirdly, the traditional method of correction cannot
meet the challenge of new pattern crimes emerging nowadays. Fourthly, the change in social circumstances
has meant that prison officers cannot focus their whole energies on the work of criminal correction. Last but
not least, the market economy and the opened society require a more socialized execution of criminal
penalties, but this fact is contrary to the reality that prison is still closed to the outside world. The
resocialization of criminals is more difficult than before, and criminals are more likely to reoffend after
release from prison. To sum up, the function of corrections in prison has slowed to a certain extent.
D. Ineffective Execution of Social Education and Employment Policy
China’s economy has recently become extremely competitive, and the employment situation is rather
harsh. Most released prisoners have a grave drawback in the areas of quality and technology demanded by
the employment market. Furthermore, taking their special personal experiences into account, they find it isvery difficult to obtain employment. At the same time, the government also cannot solve this problem
soundly because many State-owned or group-owned companies have transformed into private companies. As
a result, in addition to the stigmatizing of released prisoners, the pressure on them to manage their own
living is rising. Some of them will take up their old criminal habits, especially larceny and plunder.
Simultaneously, because of the enforcement of the market economy, there are vast and fast flows of people
through society. As a result, social organizations find it is very difficult to supervise, regulate and educate
released prisoners effectively because even these organizations cannot track where those persons are.
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Particularly, the aim of effective supervision and regulation cannot be achieved because so many peasantsand vagrants have migrated to cities.

VI. NEW CHOICE: COMMUNITY REHABILITATION
Community Rehabilitation is a type of penalty without imprisonment. The Special Judicial Administrative
Department, with the aid of other administrative departments, non-governmental community groups andsocial volunteers, helps to rehabilitate the criminals’ psychology and vices. Eventually, criminals can return
to society smoothly. This is China’s exploration for a more humane penal system. In it, more attention will
be paid to the function of education and rehabilitation, and respect for and preservation of the rights ofcriminals will be fully demonstrated. This is an important component of China’s judicial reform. As of August
2006, there are 18 provinces, 85 big cities, 375 county districts, and 3,142 streets (villages or towns)
promoting community rehabilitation. Nationwide, there are about 7,778 full-time judicial assistants ofcommunity rehabilitation, 4,415 full-time social workers, and 60,004 social volunteers currently participatingin this scheme. Under the leadership of the Judicial Administrative Department and with the co-ordination ofpolice departments, civil administration, fiscal departments and so on, this kind of model has come into
being successfully.
Those subject to community rehabilitation in China comprise five kinds of criminals: those put underpublic surveillance, those whose sentences have been suspended, those sentenced to parole, thosepermitted to temporarily serve their sentences outside prison, and those only deprived of political rights.
Different plans are made for each person made subject to a Community Rehabilitation order. In doing so, thecriminals’ relatives, social volunteers, experts and so on together provide the criminals in the community
with psychological consultation, training courses, and duly solve the problems and difficulties of
employment, life, psychology, education, etc. The above measures help released prisoners successfully
integrate with society.
This system affords more opportunity for non-violent, non-threatening and truly remorseful criminals to
repay their debt to society with a non-custodial penalty such as probation and parole, etc. Non-custodial
sentences avoid the negative physiological and psychological effects of prison life and allow fuller
participation in educational and rehabilitative programmes. According to statistics of the Ministry of Justice,until August of 2006, this new rehabilitative system has accepted 65,616 persons and has succeeded with
15,092 of them. Excepting some special cases in Beijing and Guizhou province, the recidivism rate is zero.
Obviously, the effects of community rehabilitation are very noticeable.

VII. CONCLUSION
Promoting public safety and controlling recidivism is a complex and systematic project. From the resultsof the Chinese system, I believe deeply that the following process should be adopted: first, the mostimportant work should be in establishing better societal circumstances to achieve harmonious relationships
between society, economy, politics and culture, etc. Better societal circumstances are a key factor incontrolling and reducing the crime rate. Second, enforcing all aspects of the judicial and corrections systems,
and fulfilling in full the functions of retribution, deterrence, correction and rehabilitation are acomprehensive way to prevent and reduce crime and recidivism. Third, encouraging and including morecitizens in the education, assistance, supervision, and rehabilitation of offenders is also a good method ofcontrolling recidivism and promoting public safety. In the new century, criminal justice should be a processcontributed to by all citizens. In our new criminal system, government, non-government organizations,
volunteers, and community workers should co-operate closely and harmoniously to realize our mutual
dream.

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