Analysis and Perfection on the Recidivism System in the 8th Amendment of Criminal Law

The 8th Amendment of Criminal law has modified the former recidivism system to a wide extent,which contains a modification of the subject condition of the ordinary recidivism and an expansion of the special recidivism scope.In order to clear up ambiguities of understanding,the author hold the standpoint that the juvenile exclusion rule of ordinary recidivism just requires defendant was a juvenile when he committed the former criminal,and does not care his age of committing the later one.And in the author's view,juveniles should not be excluded from the application of special recidivism.Based on the thoughts of the 8th Amendment's shortages,the author suggests that the former and later criminal of special recidivism should have the same nature,the elders should be exempted from the recidivism system,the commute restriction of recidivism prisoners who have be sentenced to reprieved death penalty should be abolished,and the drug re-criminal should be brought into special recidivism system.