Study The Qualification Punishment Content In Our Country

Qualification penalty is one ancient penalty method. To deprive or limit a offender to be engaged in some kind of activity's qualification is its content. Qualification penalty has many malpractices, but it has the value to be studied in the theory and practice field. This article ail-roundly studies qualification penalty contents that criminal savants in China have expounded, expounding some suggestions to perfect the contents. Without doubting, the qualification penalty contents contain the depriving political rights, the scholars have disputes on deportation and depriving military rank. In order to perfect the qualification penalty contents they think that it is necerary to add "depriving to engage in idiosyncratic profession qualification penalty and unit qualification penalty". The first episode is to study the depriving political rights. Analyzing problems in the theory and practice field, I expound to several ideas to consummate the contents. It is clear about the concept connotation and extension according to our country social development, for example, the mass organization. Addtionally, "opinion, publication, assembly, association, parade, demonstration " are not the political right, but are one kind right related politics, it should be cancelled. The second episode is to study the added qualification penalty. The scholars think that it is necessary to add "the depriving to engage in idiosyncratic profession qualification penalty and unit qualification penalty. From several aspects of the scientific system law obligation, it ought to not be added. As fine is a full scientific system of penalty, unit qualification penalty ought to not be added. It is more important that those do not have penalty essence, so those should not be qualification penalty. The third episode is study deport and depriving rank. From the real meaning, that is to say: the law is to be, deport and depriving rank are penalties; from the essential meaning, that is to say: the law is to ought to be, those ought to not be penalties. The contradiction is resolved by amending the relevant law. Pondering the crime countermeasure, we cannot always place a judgment at being added penalty, but must synthesize administrative sanctions, civil sanctions or new method sanctions and so on.