On Consummation Of Qualifications Penalty In Our Country

As a punishment depriving offenders of specific qualifications penalty method,qualification penalty has existed in the criminal law in abroad.There is no specific concept of qualification penalty in the criminal law in our country,but the system has long history.Generally considered,the qualification penalty system contains the deprivation of the political rights system and the deportation system in our country.It is indispensable that the qualification is controlling the crimes using qualifications or infringing others qualifications.Perfecting the system of qualification penalty in our country is not only the need of effective controlling the qualification crime,but also one of the important content of the reform of the criminal system in China.This paper recognize that improving the qualification penalty system can not only reform the existing qualification penalty,but also need to find more new contents for the qualification penalty system.It is based on the basic theory of qualification penalty and will analyze the existed problems of the qualification penalty system in our country.The paper has discussed how to perfect the qualification penalty system.First of all,this paper has illustrated the disadvantages of the qualification penalty system and summarized the experiences of the foreign qualification penalty systems.It had analyzed the rationality and the limitations of current qualification penalty system and pointed out the necessity of perfecting the system.Secondly,based on the function of penalty and criminal policy theory,this paper had analyzed the law fundamentals of the qualification punishment system.From the perspective of law and economics,It has analyzed the advantages of the qualifications penalty to control the costs of its own and the costs from the crime.Third,this paper has analyzed the rationality and limitations of the political rights system and the deportation system and put out the necessity and feasibility to reform the two kinds of penalty systems.It has demonstrated the grounds of the deprivation ranks scheduled into the penal systems and the deprivation medals and honors excluded the penal systems.Fourth,the paper hope to find the system resources for perfecting and expandingthe contents of the qualification penalty system.These resources include the "prohibition order" and non-penal measures of "prohibited from engaging in occupation" in the "Criminal Law" or the “Criminal Law Amendments”and many“qualification administrative penalty”in the kinds of administrative regulations.Finally,this paper has stated especially the penalty status,applicable ways,applicable foundation and retrieve rights system.The way of "Separate deprived of rights" has more penalty value than the way of “entirety deprived of rights".the paper has established the standards with "crime natures" and "criminal personalities" for the qualification penalty applicable.These standards are more rigorous and scientific.It also puts perfect and effective measures to solve the problem of excessive punishment.These effective measures are reducing penalty system and recovering rights system.