Font Size: a A A

Eligible For Punishment Is A Comparative Study

Posted on:2006-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:P HeFull Text:PDF
GTID:2206360155969464Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the theory of criminal law, the penalty methods could be classified into life punishment, freedom punishment, property punishment and capacity penalty according to the contents which the penalty deprives. Capacity penalty is a kind of punishment to deprive the right of the offender to take part in certain activity. Although it does not draw as much attention of the people as the three preceding kinds of penalty methods, capacity penalty, as an important means to punish and prevent crimes, plays an important role not only in the classic penalty system but also in the modern penalty system. In this thesis, the author makes a diachronic and synchronic comparison of capacity penalty and makes a little comment on the capacity penalty in the criminal law of our nation and its development, which aims at further discussion.The main contents of this thesis includes the following six parts:The first part introduces the generality of capacity penalty. The thesis puts forward the concept of capacity penalty and its characteristics as well as its functions. The thesis makes an objective remarks on its advantages and disadvantages and points out that the former outweighs the latter and it is indispensable in the modern penalty system.The second part concentrates on the historical evolution of the theoretical foundation of capacity penalty. By researching on the manifestations of capacity penalty at different historic stages home and abroad, the thesis expatiates on the historical process of the sprouting, the evolution and the development of capacity penalty. Then the thesis discusses the effect upon the guiding ideology of capacity penalty by the two main penalty theories of retributive punishment and purposive punishment and sums up the different contents and characters of capacity penalty at different times as well as points out the developing trend of modern capacity penalty.The third part makes a comparison of the statuses and kinds of capacity penalty and classifies and introduces the positions of capacity penalty in the penalty systems of various nations. Then the thesis compares the contents of capacity penalty of the main nations in today's world and analyses their merits and demerits. In the following, the thesis points out that the kind of capacity penalty of our nation is relatively unitary and the political tint of it is too strong with the result that it could not meet the objectiveneed to punish and prevent crimes to a great extent. At last, the thesis makes a suggestion that some professional capacity penalties should be set up additionally to complete the capacity penalty system of our nation.The fourth part expatiates on the comparison of the targets, the time limits and the ranges of application of capacity penalty. Through the comparison of the targets, the time limits and the ranges of application of capacity penalty, the thesis points out that capacity penalty in foreign nations is more pointed in the ranges of application whereas the ranges of application of capacity penalty in the criminal law of our nation is short of explicit guiding ideology, which should be adjusted to improve the pertinence of the ranges of application of capacity penalty. As to the time limits, the term of deprived time of our capacity penalty is rather short, which not only makes against for the judge to fully exercise authority of free ruling according to the principle of penalty upon individual but also goes against for the offenders to correct their errors and make a fresh start. It is necessary to expand the time limit of capacity penalty in order to improve its flexibility. As to the ranges of application, the thesis affirms the internationally current method of combing the law-oriented system with the circumstance-based system, which is now adopted by our nation.The fifth part makes a comparison of the system of recovery of right and puts forward the concepts of the system of recovery of right both on the narrow sense and on the broad sense. The thesis makes a comparison of the condition of recovery of right and the procedure of recovery of right of the current system of recovery of right of nations in the world and demonstrates the active function of the system of recovery of right in the penalty system. At last, the thesis points out that the system of recovery of right should be set up additionally in our nation.The sixth part explores into the development and completion of capacity penalty of our nation. In this part, the thesis puts forward some legislative suggestions with a definite object in view in regard to the conclusion of the comparison between capacity penalties home and abroad, which completes the theory of capacity penalty from the perspective of legislation in order to guide the judicial practice of capacity penalty more efficiently.
Keywords/Search Tags:capacity penalty, penalty, retributive punishment, purposive punishment, recovery of right
PDF Full Text Request
Related items