The Research On Qualifications Punishment

Qualifications punishment is ancient penalty method. Take deprives or limits offender to be engaged in some kind of activity's qualifications as its content. The qualifications punishment though has the malpractice of penalty to be surplus, deter's power to be insufficient and so on, but because it has unique function in the special prevention aspect as well as complied with the penalty's leisurely, the non-inprisonment worldwide development tendency, the qualifications punishment no matter all has the very high research value in the fundamental research domain and in judicial practice. The paper included five parts. The first part is exordium, and following is the qualifications punishment theory survey and, the development vein, the disputes between save or abolishment, the compare of foreign criminal law with our in variety and our country qualifications punishment perfect tentative plan.The first part is the exordium of this paper. The paper has elaborated the background and the significance of the research, induced of the present research situation on the qualifications punishment both here and abroad, listed the structure and the research technique of this article, and pointed out innovation spots of this article.The second part elaborated the qualifications punishment name evolution, the character of the qualifications punishment. Compared with the honorary punishment, the right punniment, the ability punishment said, the qualifications punishment name can manifest the modern qualifications punishment's content and the characteristic.The third part has discussed the issue of keeping the qualifications punishmentis or not. On the other hand, the qualifications punishment has the penalty's basic function, on the other hand,it possibly creates the penalty surplus and so on the malpractice receives the accusation. This paper suggested the qualifications punishment should be kept.The fourth part introduced the kinds of the qualifications punishment of foreign and chian's criminal law, and analyzed the simitrde and the difference.The last part has made the tentative to our country qualifications punishment legislation consummation. The paper major point is to turn deprives the political right into deprives the public right and to perfect the renvoi punishment.At the same time to establish the rehabilitation and the commute.