Research On The Legislative Perfection Of Qualification Penalty In China

As a kind of ancient punishment method,the qualification punishment has an irreplaceable role in the retribution and prevention of crime in the world.However,for a long time,China's qualification system has not only been in a low position in the penalty system,but also has been left out in judicial practice.It has not played its role in combating and preventing crimes.It is the culprit.Under the world trend of mitigating punishment,under the background of the criminal policy of tempering justice with strictness,under the realistic need of combating the crime of prevention of qualification,the research on the legislative perfection of the qualification penalty has important epoch significance.The full text is divided into four parts,totaling about 49,000 words.The first part: an overview of the qualification penalty.The concept,characteristics,development process,controversy of the deposit and dismissal of the qualification penalty and the legitimacy of the qualification penalty were explored.Firstly,it analyzes the different titles and concepts of the qualification penalty,clarifies the concept of qualification punishment,and discusses the diversity of the content of the qualification,the immateriality of the consequences,the economics of the cost,the degree of mitigation and prevention.The five aspects of effectiveness.Secondly,it sorts out the development process of qualification punishment,discusses the origin stage of Chinese and foreign qualification punishment,the transitional stage of shame punishment,and the development stage of qualification punishment,and summarizes the development trend of qualification punishment.Thirdly,the controversy on the deposit and dismissal of the qualification punishment was discussed separately.The main viewpoints of the two factions were analyzed and summarized.Finally,the conclusion that the qualifications of the qualification penalty can be avoided by perfecting the legislation and the qualification penalty should be retained.Finally,the legitimacy of the qualification penalty is discussed.The qualification penalty has the positive value and academic foundation for perfecting the penalty system,realizing the penalty function,complying with the criminal policy,and reducing the penalty cost.The second part is the legislative status and defects of China's qualification punishment.Based on the latest legislation,this paper comprehensively analyzes the current legislative status of China's qualification punishment,and makes a macro summary of the legislative defects of the qualification penalty.In terms of the status quo of legislation,the authors have comprehensively reviewed the deprivation of political rights and deportation systems in China's criminal law,the prohibitive system,the prohibition system and the deprivation of the rank system,and the administrative qualifications for depriving criminals..In terms of legislative defects,the main issues such as the unclear application criteria of the qualification penalty,the single type of qualification punishment,the lack of clarity and completeness of the application object,the lack of specific content,the lack of incentive mechanism,and the difficulty in coordinating the qualification penalty and the qualification penalty have been thoroughly explored.The third part is a comparative study of the qualifications inside and outside the domain.The author compares the status,types,applicable objects,applicable methods,applicable period and incentive mechanism of the qualification penalty,and finds that the qualification penalty in China has a low status,a single type,and a suitable object.Incomplete,unsuitable application methods,unclear application period,lack of incentive mechanism,etc.,provide a reference for the improvement of the legislation of China's qualification punishment.The fourth part is the perfection of the legislation on the qualification penalty.Four suggestions were made for the legislative improvement of the qualification penalty.First,improve the existing qualification system in China,clarify the applicable standards of the qualification penalty,and improve the lack of relevant legislation on deprivation of political rights and deportation.Second,improve and expand China's qualification penalty system,the system of prohibition of employment will be included in the qualification penalty,and the qualification penalty for unit crimes will be clarified.Third,improve the applicable system of qualification punishment,adopt a separate system for qualification punishment,improve the system of commutation of the qualification penalty,and increase the system of reinstatement of the qualification penalty.Fourth,the legislative convergence of the qualification penalty and the qualification penalty provides theoretical basis and specific solutions for the convergence of the two.