Abstract:
From the prospective of comparative law,the paper introduced the legislative process and main contents about America's“three- strikes law”.As for the comments both from America and China,the paper gave a reasonable analysis.Our conclusion is that China should adopt a“limited reference”attitude towards this system rather than simply criticize. Besides,we should reconstruct China recidivism system by drawing the reasonable elements and legislative thoughts from this system.That is to say,as for the classification of recidivism,China should set a new type called risk recidivist on the ground of the present provision.In addition,risk recidivist's term of imprisonment should be elevated from 10 years imprisonment up to life imprisonment.