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Study On The Qualification Penalty In Criminal Law

Posted on:2012-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:N HeFull Text:PDF
GTID:2216330368992766Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Qualification penalty,life punishment,Freedom penalty and property punishment compose the punishment system of our country , but compared with other three types of punishment, qualification penalty did not receive enough attention, this is largely because that the qualification penalty has serious flaws and shortcomings in the theory and practice, which led to tantamount to the penalty system in the virtual, and function has been greatly restricted.The contents of our qualification penalty are single, and the execution lacks pertinence, then which produced a punishment of excess, and also makes qualification punishment produced "existential crisis". The Chinese scholars have already done a lot of research on it, but we still cannot see its development in practice, however, we still can't put forward the slogan of qualification penalty abolition, because the world is moving toward wide punishment mitigation direction, and qualification punishment have the characteristics of width, so its development space is still worth expecting by everybody. This paper aims at the qualification penalty from basic theory in China, further consideration of legislation, qualification punishment of current our country qualification penalty reflect defects and insufficiency, then from our own national conditions and puts forward some targeted measures in order to improve China's criminal law's qualification punishment.The article is divided into three parts:The first part, the basic theory of qualification penalty. This part is the basic content of article, mainly discusses the definition of qualification, and the definition, features, status, types and functions of qualification penalty. This paper emphasizes that it will analyze the qualification penalty from the generalized angle, including the qualification penalty in the criminal law and the other laws and regulations in private law of the relevant qualification penalty. After the preliminarily understanding the basic elements for research object, it will lay the foundations and provide the necessary prerequisite and for latter expounding qualification penalty.In the second part, the legislation present situation and comments of qualification penalty in our country. This section is one of the main text which mainly aims at the legislation present situation and judicial practice of Chinese qualification punishment, and analyses the present situation of qualification penalty in detail. The legal norm for China's qualification, except for the qualification of criminal law, but also exists in other laws and regulations. In order to fully understand the situation in China, the author will combine with the above to discuss and analyze. So that we can understand the China's qualification system present situation more complete, and improve China's criminal law's qualification punishment. China's criminal law's qualification punishments include deprivation of political rights, deportation and deprive ranks, which is single and lacking pertinence. The deprivation of political rights exist strong political color, and its applicable is generalized deprivation in human rights against qualification penalty safeguard, and cannot exert the function of punishment individualized qualification penalty. Other laws and regulations about qualification penalty also exist many defects, which make the qualification criminal penalty and qualification penalty in chaotic situation. Because China's qualification criminal penalty itself has many defects, its function cannot play effectively in practice, but also deserve the attention .The third part, the reflection and perfection of China's qualification criminal penalty. This part is the key part, this second part of the content cue in China is discussed, and reflection on the defects of existing qualification penalty with the shortage, and to perfect China's criminal law's qualification punishment the author proposes some opinions. It emphasizes that basing on the modification of the existing qualification criminal penalty, from our own national conditions we can properly combine China's other laws and regulations of the provisions to increase China's qualification criminal penalty categories, and add the qualification criminal penalty "no natural persons engaged in specific occupation or activities", "according to unit applicable qualification punishment". In addition, we still establish the execution system of qualification criminal penalty, for example, the division system and commutation system of qualification criminal penalty, in order to better protect the rights of man, more conducive to its re-socialization. Through reforming our country's existing qualifications criminal penalty and additional qualifications, establishing the type penalty execution of qualification criminal penalty system, we can perfect criminal law's qualification punishment in our country.
Keywords/Search Tags:qualification, qualification penalty, current situation, legislative perfection
PDF Full Text Request
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