To Our Country Qualifications Punishment Reconsiding And Restructuring

Qualifications Punishment is one ancient penalty method. Take deprives or limits offender to be engaged in some kind of activity`s qualifieations as its content. Although the qualifieations punishlnent has the malpraetice of penalty to be surplus, Deters power to be insuffieient and so on, but because it has unique function in the special prevention aspect as well as complied with the penalty`s leisurely, then on-imprisonment development tendency , it no matter all has the very high research value in the fundamental research domain and in the juidicial practice. But our country qualifications punishmengt is suitable rate is low, lacks pointed, causes this kind of penalty gets up with difficulty its should have reduced crime and prevention crime function, created the penalty resources to be relatively surplus.Therefore, based on reality need, it is necessary to carry on reconsidering and restructuring to the existing qualifications punishment.The full text, which is more than 40,000 words altogether, is divided into four parts.Part one is a general theory of qualifications punishment which has analyzed the name, the concept, the characteristic as well as its origen and the development. First, compared with the honorary punishment, the right punishment, ability punishment and qualifications punishment, thus is clear about one the concept. Then introduced it history successional variation process, enable us throuth the history to have a quite good assurance to the qualifications punishment trend of development. Then introduced it history successional variation process, enable us through the history to have a good assurance to the qualifications punishment trend of development. Finally discussed the qualifications punishment to save or to waste . Qualifications may result in criminal penalties due to shortcomings such as being accused of excess, however, as eligible for special preventive effect of punishment etc, it is currently eligible for punishment should be retained.Part two article makes a brief comparison of punishment against competence at home and abroad, which through to qualifications punishment legal status, content, applicable scope and deadline these four aspect one by one comparison, thus has a more through understanding to our country`s qualifications punishment. Except that the legal status is the same with the majority country, the other aspects of the Chinese qualifications penalty are ambiguous and simple compared with those of the forigen qualification penalties. It asks for perfection.Part three forcuese on discuss our country`s Qualifications punishment. Analyzes our country qualifications punishment from our country qualifications punishment legalation present situation the merit and the flaw. Our country qualifications punishment only includes deprives the political rights with to deport two kinds, but in our country other laws mostly belongs to the ahministrative sanctions nature with the qualifications punishment similar stipulation, in order to maintain the judicial unification as well as the penalty solemnity, should its rise for the true qualifications punishment. On this basis, the focus on the problem of China`s qulification crimination. First, the species is not complete. Second, the application of a single mode, and lack of the necessary flexibility. Finally, eligible for criminal lack of incentives, such as the waiver system.Part four to consummates our qualifications punishment the suggestion. Are suitable the system from qualifications punishment itself penalty system restructuring and the qualifications punishment the restructuring two aspects to obtain consummate our country`s qualifications punishment. First, qualifications punishment criminal law system legislation suggestion which includes following main aspects: The adjustment"deprives the political rights"name and reality and content; The addition"deprives the specific occupation or the active right"the stipulation, which practices medicine, the teacher qualifications, attorney the qualifications and so on; The addition"deprives the assumption specific duty the right", mainly is refers forbids to hold the post of the legal person and enterprise`s leadership duty, the enterprise, legal person not including state-owned enterprise, company; May additionally build in view of the unit crime qualifications punishment content. Secondly, the qualifications punishment is suitable the system the legislation suggestion. Is suitable in the way to suggest uses the separation system, because our country qualifications punishment is suitable the present to adopt summarizes the system, lacks the flexibility. The perfect qualifications punishment commutes a sentence the system, is clear about the one to commrte a sentence the scope already to include the attachment tobe suitable also includes is suitable independently. Finally, our criminal system may be eligible for additional penalties for crimes commetted by the content of units.