The Research On Qualification-penalty

Qualification-penalty of our country mainly includes Deprivation of Political Rights and Deportation. This single quality of function of Qualification-penalty . There are a lot of imperfect respects in the theory circle and judicial practices, which are contrary to the development of the society of our country and the trend of world penalty, hinder the full play of the penalty function of Qualification-penalty and Scientific process of China's penalty system. So this text attempts to put forward some suggestions and views on perfection of Qualification-penalty in view of the legal meaning.The first part mainly describes the source, the development, the definition ,the purpose ,the function of Qualification-penalty of our country .We think that the Chinese source of Qualification-penalty is different from the west. Qualification-penalty of modern times is divest public power, stipulated by French Criminal Law in 1810.Reconsidering the definition of Qualification-penalty. Qualification penalty is a kind of punishment which the nation prohibits criminals will involve in some actions related to crimes made by them or perform relative rights in the certain near future. Not only do preserve Qualification-penalty, but also improve Qualification-penalty being available for the punishment's development. The third part analyses Qualification-penalty's pros and cons from the undergoing situation of Qualification-penalty.Above this basement, it focuses on discuss our country's Qualification-penalty. Reviewing the nature of Deprivation of Political Rights in the Criminal law, we can find that its political meaning has far exceeded the legal meaning and the nature of Qualification-penalty has been misplaced. So we should locate the nature of Qualification-penalty and restore its truth.