On Qualification Punishment

Qualification punishment mainly includes deprived of political rights and deportation,and the contents of the application and implementation are not perfect,China's criminal law provides criminal penalties of eligibility has and the qualifications of these two sentences the th penalty system theory and operation of these aspect of the research is still quite weak.This sentence to a large extent hampered the function of eligibility to play.So for the Chinese sentence structure to promote the scientific and implementation mechanism for the reasonable operation of the penalty,the article seeks to analyses the qualification punishment system for a preliminary and giving some proposal.The first part of the article introduces the general theory of punishment.First of all,the concept is the qualification punishment For the concept of reputation punishment, right punishment and ability punishment,qualification punishment will not make some divergent.And in criminal law theory most countries those put the people deprived of their crimes qualified as qualification punishment so have to borrow the title of this article.Then introduce the history of the qualification punishment,through the history of our qualifications punishment to have a good grasp of the development trend of qualifications punishment.Then the article analyses the functions and the purpose of the qualifications punishment. Qualification punishment for different periods of time behind the criminal penalties are also differences in thought,idea of retribution,criminal penalties focus on the punishment of crime, the purpose of criminal punishment under the qualified people to focus on the education of crime,and the modern sense of the sentence eligibility more inclined to the specific prevention of crime.At functions,qualifications punishment not only has the general functionality of criminal penalty,but also a kind of diversity and economy;Finally with the argument of the retention or abolition of the qualifications punishment,the article shows that opinion to affirm the existence of the necessary of the qualifications punishment sentence and give a demonstration of that.The second part of this article introduces and analyses more comprehensive of the current legislation,and have a reflection.There are two kinds of qualification punishment, deprived of political rights and deportation,in our country's code of criminal law.First of all, the introduction of the contents of deprivation of political rights and their application,and pointed out the current problems in the law.Then introduce the nature of the deportation and the problem of application.It is too simple to deal with the target of the deportation.We should make the target and the deadline of the deportation clear and definite.Finally,it is about the self-examination of the qualification punishment of the criminal law of our country. It has not kept up with the pace of time,which is now a single type.In addition,qualifications punishment lacks of specific target,should not fundamentally on combating and preventing crime.The implementation of the qualifications punishment is lack of appropriate flexibility, the existing criminal law is short of the institution of reduce the penalty.It is not suitable for the transform of the criminal.The third part put forward a sound proposal on qualifications punishment for the lack of criminal legislation,First of all,qualified for the two existing types of punishment and put forward ways to improve the transformation envisaged.The first try to analysis the name of deprivation of political rights.Replace the "deprivation of political rights" with " to deprive the right of public";cancellation deprived of freedom of speech,publish,freedom of assembly and association,and take part in demonstration and demonstration;replace "deprived of as National authorities "to" prohibit as a staff of the country";bring the name of" deprived of as a state-owned companies,enterprises,institutions and people's organizations the to leadership positions,"into" a staff of the country " Second propose to improve the target and deadline of the deportation.The fourth part,propose for a long-term point of view to add some institution of depriving the right.Including the introduction of "deprivation of engaging in a particular occupation or activities";add the qualifications punishment for the legal person;and further elaborated the need for set up and put forward the idea of legislation.Eligible to apply penalties against our country and the lack of implementation of the system,the qualifications of the application of punishment should be the primary purpose of crime prevention,improve the qualifications of the flexibility and focus;add eligible criminal sentences and the elimination of the system of record,the qualifications set up an incentive mechanism punishment to help offenders reintegrate into society.