The Research On Qualification Punishment

In today's penalty's leisurely trend, because of its mitigation and depriving the offender recidivism capacity effectively, the Qualifications Punishment has been more and more academic attention. In my opinion, although Qualifications Punishment has its inevitable flaws, these defects can be avoided through the rational design of penalty. In addition, Qualifications Punishment is currently complied with the trend of penalty's leisurely, and its diversity also meets the requirements of system of criminal punishment, and the most important thing is that Qualifications Punishment has unique function in the special prevention aspect. With comprehensive survey of the main types and contents of Qualifications Punishment, the legal mode and status of Qualifications Punishment, and the application of Qualifications Punishment, the author points out the problems of Qualifications Punishment, and put forward a sound idea of Chinese system of Qualifications Punishment.The full text is divided into four parts, in addition to the part of introduction.Part one is a general theory of qualifications punishment. This section includes the name, the concept of Qualifications Punishment, as well as its origin and the development. And on basis of the analysis of its characters, the author has a comparison between the advantages and disadvantages of Qualifications Punishment. And then concluded:Qualification criminal harm than good.Part two is about the types of Qualifications Punishment which includes mostly deprivation of political, economic and civil rights.The third part elaborates the legal mode and status of Qualifications Punishment. About legal mode, the code mode is best choice, which consistent with the principle of unity and to facilitate the application of Qualifications Punishment; about the legal status, in most countries, it is an additional penalty.Part four is about application of Qualifications Punishment., which is one of the most important parts of Qualifications Punishment System. It involves the application of criminal status, mode of application and eligibility penalty period.The fifth part elaborates the current situation of Qualifications Punishment. Overview foreign qualifications, the author thinks that Chinese types of Qualifications Punishment are more unitary and the rules of appliance of Qualifications Punishment are more careless.In the last part, the author puts forward following recommendation:1) to change "deprivation of political rights" for the "deprivation of civil rights", and adjust the content of deprivation of political rights; 2) to add another penalty depriving other qualifications; 3) to add Qualifications Punishment which can be applied to corporate body; 4) to set reduce a penalty of Qualifications Punishment.