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Perfect Deprivation Of Political Rights

Posted on:2012-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:F LeiFull Text:PDF
GTID:2216330338960142Subject:Law
Abstract/Summary:PDF Full Text Request
Deprivation of political rights is one of the qualifications Punishment which is applied to ordinary citizens commit crime. But it has some faults in content, subjects and way to use .when the criminal is applied deprivation of political rights, the formulate in some regulation will be used .,and this will lead to the loss of some positions or professions. Criminal law doesn't provide clear items for the crime which take advantage of his position or occupation. Single qualification penalty, Deprivation of political rights, doesn't applicable to the needs of the fight against crime. So it is necessary to perfect deprivation of political rights and perfect the relevant laws so as to play the role of criminal status as an important part of a modern penal system. In this paper, Wang was sentenced to deprivation of political rights for intentional injury cases as the starting point, make a comprehensive analysis of deprivation of political rights.The first part is the cause of action, that is, Wang was sentenced to deprivation of political rights for intentional injury case.The second part is the a brief summary of case, Wang because of dispute with his neighbor Xia ,threw the bricks and earth to Xia lying on the ladder, causing her rolled down and died. HeBei Province, Shijiazhuang City Intermediate People's Court sentence him additional deprived of political rights in first instance and retrial.The third part points that deprivation of political rights in this case is unreasonable. Wang's non-political book can not publish, four kinds of rights under Deprivation of political rights ate all deprived, At the same time according to the"Teachers'Law "Wang lose teacher's qualification, and it does not have time limit, the loss of Political rights and teacher's qualifications doesn't have contract with nature of crime, the reasonableness of these issues is questionable.The fourth part makes analysis of legal principle. This part makes a comprehensive analysis on Deprivation of political rights from the perspective of theory and practice. Deprivation of political rights lacks the Significance of penalty. Summarized system lacks specific and results in penalties for excess. Some concepts in the contents lack of clarity .The deprivation the rights of speech, press, assembly, association, procession and demonstration violates of the constitution in theory, it is not good for national social progress in practice. the provisions on because of application deprivation of political rights outside the criminal law lack of contact with the criminal nature, some provisions have no time limit, all these problems are not conducive to role playing.The fifth part is the conclusion. The unreasonable in this case is not the result of errors in practice, but the law itself. So it is necessary to improve the deprivation of political rights. Cancel the regulation of deprivation rights of speech, press, assembly, association, procession and demonstration,The deprivation of position in state organs and state-owned companies, enterprises, institutions and people's organizations leadership positions collectively, the "deprivation of the rights of to be civil servicers ",cancel the name of the"deprivation of political rights", suggest use the discrete system, apply penalty according to offenders.
Keywords/Search Tags:Deprivation
PDF Full Text Request
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