Research On Suggestions For Improvement Of Qualification Penalty Of Criminal Law

Qualification penalty,as a kind of systems of criminal punishment,qualification penalty,compared with other penalties,is soft,economy and non-custodial.It is as well very useful in preventing and revenging crimes that using some kind of qulifications.But there are a lot of drawbacks in our criminal law,such as monotonous species,the unreasonable deprive way, the content is not perfect. This, to a certain extent, hampered functions of qualification penalty. This article intends to analysis the status of our criminal law,to find deficiencies and reference the experience of foreign criminal legislation,so that to propose consummate idea for our criminal law.and let qualification penalty to play important role for the Judicial practice.This article contends basic theory of qualification penalty,the analysis of the fact of our criminal law, the legislation of the developed countries of continental,the consummate idea for our criminal law.This article is divided into four parts, including approximately 33,000 words.The first part is overview of qualification penalty.Qualification penalty,whose deprivation of content is certain qualifications.Firstly,this part analizes the concept of qulification penalty and the important role of qulifications for the subject.Then distinguishes the right punishment, ability punishment, honorary punishment and qualification penalty,I agree with the appellation of qulification penalty and analyzes the current academic idea of the concept of qualification penalty. Qualification penalty refers to the floorboard of the class of punishment method whose depriving content is certain qualifications. Qualification penalty is non-material, conomy and light.Last I analyse the reasonable basis,one is on the criminal basis,that it can repay and prevent crime effectively.the other lies on that it accords with the trend of lighten and unimprisionment.The second part is our criminal law's insufficiet legislation of qualification penalty. At present,our country criminal law has many shortcomings, mainly for the following respects:first, the species of qualification penalty is too onefold,which has just depriveing of political rights and deportation.There are two standards of qulification penalty in the general rule of our criminal law,one is the standard of crime,the other standard is punishment.In my opinion,deprivng the political rights of offender who commit the crime of killing, raping, arson, explosion, and poisoning,robbery can not repay crime and prevent crime. For the person who is sentenced to death or life imprisonment,depriving the political rights of him,cause that we must firstly to determine main penalty before determining the supplementary punishment,on the other kind it causes that the scope of the qualification penalty is too wide. Third,the scope of the qualification in Specific Provisions of Criminal Law is unreasonable.For the crime of embezzlement and bribery and Malfeasance crime,there are not provisions of deprivng the political rights.only in the that the situation that the person who commits crime of embezzlement and bribery sentenced to death or life imprisonment,that he can be deprived of political rights.On the other hand,the criminal who don't use some qualifications,such as theft,can be deprives of political rights just because he is sentenced to death or life imprisonment.Fourth,our criminal law provides that political freedoms belongs to the content of deprivation of political rights,this is consistent with the constitution,and the provisions of the major coutries in the world.Also,there are not rules of combined punishment,that leads to law loophole in judicial practices. Fifth,the starting point of deadline of deprivation of political rights,which leads to surplus punishment.The third part is the introduction of continental law system of developed country's criminal law on qualification punishment. This part mainly introduces criminal provisions of qualification of Germany, France, Russia. Firstly,I introduce the characteristics of qualification penalty of German criminal law, it stipulated the recovery rule of qualification penalty,in the specifics part,it provides qualification penalty in three ways, separate provisions, paragraph and section.It is useful for the consummation of our courty's criminal law.Then,I introduce the characteristics of qualification penalty of France criminal law,there are many kinds of qulification penalty in it.It provides rule os separating depriving and also useful for the consummation of our courty's criminal law.Last, I introduce the characteristics of qualification penalty of russia criminal law,the crime that can be applicabled of qulification penalty is limited in the crime that need certain qualifications to commite,this is very pertinence and useful for the consummation of our courty's criminal lawThe fourth part is the legislation idea for the qualification penalty of our country .First,I Put forward The following ideas for the content of the qualification penalty.First, establishing a scientific standards for qualification penalty,that is qulification penalty is limited in the crime that need certain qualifications to commite.So I suggest to modify the 56th article of our criminal law,which is"for the criminal who commit the crime of endangering state security, the embezzlement and bribery crimes,crime of malfeasance,should be deprived of qualification penalty."I suggest to delete the 57th provision that for the criminal who is sentenced to death or life imprisonment should be deprived of political qualifications."Second,developing the system of qualification penalty.one is developing the deprivation of political rights,to modify its appellation as depriving of public rights,to delete the prvisions of depriving of political freedom.Two is providing"deprivation of engaging in certain professional or activities".Three is providing"qulifications penalty that is used for Legal person.fourth is devloping the rule fo deportation mainly refers to provide deadline and enforcement authorities for it.Third,developing the applicable system of qulification penalty.one is providing the rule of Sub-item depriving in order to enhance its pertinency.Two,provide the rule of cumulative punishment.three,provide the rule of recovery of qualification penalty.Fourth,devoloping the specific provisions of Criminal Law.It mainly means that to redefine the scope of the crimes that can be used of qualification penalty and devoloping the way about providing of it.