Article 65 of the Criminal Law: A criminal sentenced to fixed-term imprisonment or more who commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the execution of the punishment or pardon is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18. The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled. Article 133 (1) Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing for racing and the circumstances are bad; (two) drunk driving a motor vehicle; (three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed; (4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety. Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Legal objectivity:
According to Article 65 of the Criminal Law of People's Republic of China (PRC), if a criminal sentenced to fixed-term imprisonment or more commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the execution of the punishment or pardon, he is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18. The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled. According to the provisions of Article 66 of the Criminal Law of People's Republic of China (PRC), criminals who commit crimes against national security, terrorist activities and organized crimes of underworld nature shall be treated as recidivists if they commit any of the above-mentioned crimes at any time after the execution of the punishment or pardon. Legal basis: Article 65 of the Criminal Law of People's Republic of China (PRC) * * * If a general recidivist is sentenced to more than fixed-term imprisonment, if he commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the execution of the punishment or pardon, he is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18. The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.