Positive Research On Legislature And Execution Of Criminal Deprivation Of Political Rights

Criminal Deprivation of political rights, as an important part of non-imprisonment sentence among the penalty system in China, has showed emerging unconsonant side of specific contents in its historical origin compared with today's social development.And supervision, regulation and other measures of the criminal deprivation of political rights provided in existing criminal law which don't fit into the execution of the penalty, has restricted its application and development to some extent.Therefore, it's of great significance to reflect on and lool into the criminal deprivation of political rights in depth. This dissertation is intended to find out the roots of those defects of the criminal deprivation of political rights through analyzing the related concepts of the penalty and discussing the practical problems encountered in the execution,then study legislative modes and practices in relevant regions abroad for reference, and finally proprose to amend our legislature.The first section, Introduction. This section first discusses the concept and substance of the political rights, then analyzes the concept and contents of criminal deprivation of political rights and briefs on the concept of execution, the principal, the means and its contents.The second section, reflecting on the existing problems in the current execution of the criminal deprivation of political rights.The author holds that problems of the difficult execution of criminal deprivation of political rights, mainly arose under the circumstance of the penalty as an additional punishment whose principal penalty has been executed.Building upon this, the author investigated the relevant instances and data from primary administrative organs of justice , interviewed Office of Community Correction, Xinhang Workshop and subsidiaries of Bureau of Justice of Jing'an District,Shanghai,and reviews such issues in the execution process as weak deterrence of penalty,dilemma of regulatory measures, insufficient incentive provisions , difficult returning to community of those prisoners, and reveals such underlying causes as disordering nature, content defects, incomplete structure, inaccurate position, unsmooth relationship,and inadequate supervision.The third section, reference legislature. The author provides ideas for the improvement of criminal deprivation of political rights to legislation and justice by comparitive study of similar legislature and operation modes in different legal systems,nations and regions.The fourth section, improving the system of criminal deprivation of political rights. The author supports reconstruction of the deprivation of political rights. From the legislative aspect, the author proposes to change the name of criminal deprivation of political rights, abolish "deprive the freedom of speech, press, assembly, association, procession and demonstration", enrich the contents of the right deprived, and adjust the principal of execution.Moreover,establish a sound regime including separation, commutation and so on, an additional incentive and constraint mechanism.At last, it needs categorize the correction,build team of correction performers,supplement procedural rules, emphosize inspection and supervision from public prosecution and adopt other measures to further strengthen and regulate the execution of criminal deprivation of political rights to form a complete set of scientific execution system .