Reflection Of The Country Qualification Punishments And Perfect

Punishment against competence is one of punishment, which is a general measure of deprivation or limitation of the competence of the criminals. Compared with the other methods of punishment, the punishment against competence complies with the current trend of the mitigation of punishment, deinstitutionalization and the diversification of the methods of punishment in terms of the prevention of crime, although the punishment against competence may be deficient on the aspects of the cause of surplus of punishment and the obstruction of the return the society for criminals. The author of this article believes that the research on the punishment against competence is major significance in both fields of criminal theory and judicial practice.This article carries one the elaboration on the aspects of the basic theory of punishment against competence, the comparison of punishment against competence at home and abroad, the problems existing in the punishment against competence of China and the betterment of the system of punishment against competence in the criminal of China.The first part of this article demonstrates the definition of punishment against competence, historical evolution, and the function of punishment against competence and the orientation of development in details.The second part of this article makes a brief comparison of punishment against competence at home and abroad. The relevant provisions on punishment against competence in the criminal law of China are succinctly compared with that of foreign course in terms of the position, content and application of the punishment against for the furtherance on the realization of the punishment against competence in China.The third part of this article points out the problems of punishment against competence existing in the criminal law of China as follows: the seriously different views on the scope of punishment against competence in the theoretical field of criminal law; the nature of punishment against competence ;the application of punishment against competence and the corresponding institution of the guarantee of the honor of criminals, as well as the institution of encouragement , for example, the destitution of the institution of remission and the institution of confidential registration. In addition, as the main content of punishment against competence, the deprivation of political rights applied with low rate, and executed with low efficiency in reality.In the fourth part of this article, the author proposes the suggestions on the betterment of punishment against competence in criminal law of China, which includes following main aspects: Firstly, the enhancement of the content of punishment against competence; Secondly, the improvement of the application of punishment against competence. The author expounds in details from the perspective of the principle of application of punishment against competence, the method of application and the object of application. Thirdly, the punishment against competence is exclusively executed by the administrative department of justice, with exception as otherwise provided by law. Fourthly, amending the institution of commutation and assimilating the punishment against competence into the premise of methods of punishment. Besides, the author advocates to reform the provisions germane with the punishment against competent and correspondingly establish the institution of confidential registration on the crime and punishment of criminals.