Qualification Penalty System Behind The Penalty Rationality

Since ancient times, the penalty is along the heavy to light, from barbarism tothe rational path innovation.From the theory of penalty modesty advocates to justiceon the implementation of the community correction system, all without exceptionshows China on the reform of penalty system determination.However, the penalsystem reform, not only is the penalty method of partial revision, more important isthe change of penalty concept, and as punishment principle to carry out structuraladjustment.Our present penal code have identified only two forms of punishmentagainst qualifications or deprivation of political rights and expelled from the country,and in the specific provisions on the punishment of deprivation of political rightsconfiguration made specific provisions, namely the configuration in the main ofendangering national security crime of endangering public safety, crime of disruptingthe order of social administration, crime, sabotage crime.Since1997our countrypunishment against qualification regulations have not done this has been modified,scholars generally questioned: Penal Code of qualification penalty in a single type,qualification penalty is strong political color, qualification penalty allocation fornational security crime proportion and so on.The scholars of qualification penaltystudy, many remain in the qualification penalty history, qualification penaltydevelopment, qualification, compared the merits of foreign qualification penaltyallocation methods, and pointed out that the current criminal law of our countrystipulated in the relevant qualification penalty and defects.But the real reason fromthe set from the penalty, punishment principle, system of punishment againstqualification system set up to start not to see more.This research method lacks therational, as it is only for the wrong place to correct, imperfect and perfect, floating onthe surface, it is difficult to find the root cause from breakthrough problem to buildlogical qualification penalty system.So the author penalty setting basic guidingprinciple as the starting point, through the study on the modern concept of penaltypenalty rationality, disclosed the astray, clear qualification punishment system itself contains the principle of penalty, thus building a clear logic qualification penaltysystem foundation of tamp theory foundation.Based on the different age qualificationpenalty system behind it the penalty rationality analysis as the basis, through theanalysis of what causes the qualification penalty penalty rational change, changebefore and after the change is more reasonable, and clarifies the development so farbehind the system of qualification penalty penalty rationality to what shouldbe.According to the different period of qualification penalty rational analysis, theauthor draws the following conclusions.First of all, should have rational qualificationpenalty retribution.Rational creation, distribution as retribution penalty, isundoubtedly the crime criminal responsibility the most fair way, and most can reflectthe crime and penalty corresponding to the concept of equivalence.Qualificationpenalty for the realization of penalty should be to retribution justice foundation ofrationality.The retribution theory is divided into moral, legal retribution, according tothe offender’s subjective malignancy to execute the moral, ethical basis forqualification penalty provision; and according to the offender’s objective hazardsimposed legal retribution, to provide a legal basis for qualification penalty.Secondly,the qualification penalty should have the utilitarian rationality.Qualification penalty isthe disqualification of rights and interests of a light punishment, althoughqualification penalty deprived qualifications and criminal abuse behavior in thepresence of equivalence relation to meet the qualification of retribution and rational,but not the qualification penalty feature location.Compared with other methods ofqualification penalty punishment, characterized in that the effective preventive.Bymeans of penalty to punish the crime, is unlikely to be equivalent to the emotional,otherwise the country is not in the sense of penalty, necessary for a certain purpose,concrete manifestation for general purpose prevention.So the qualification penaltyformulation, engine, configuration shall take into full consideration the qualificationpenalty own utilitarian rationality, thereby allowing the qualification penalty crimepenalty effect best.Finally, the qualification penalty should highlight the humanitarianpunishment, restraint.Today the mitigation of penalty is the timeless topic, by manyjurists favor.Therefore, the qualification penalty in their own mitigation, humanitarianadvantage is paid more and more attention of scholars.To humanity, tolerance for rules to formulate qualification penalty, must deny the depriving of the criminalpersonality for the content of the humiliating punishments; inevitable denial violatedthe crime punishment principle of balance generalizations apply qualification penalty;inevitable negative bans on alcohol which need too much judicial resourcequalification penalty.