The Unit Crime Punishment For The Qualification System Construction

Qualification punishment is a kind of offenders to deprive the enjoy, the honor, the reputation and the ability to perform an activity or qualification for the purpose of a punishment method. In recent years, with the spread of various new crimes and criminal policy of "tempering justice with mercy", the implementation of the qualifications punishment which represents the light punishment direction punishment has been paid more and more attention. Our country criminal law about the provisions of the punishment very little, and is limited to a natural person crime qualification punishment, while about the unit crime punishment for the qualification system is blank. Our country criminal law only has the fine punishment for the unit crime of "unit", which is not enough. This makes it difficult to fundamentally control the flood of unit crime is. Therefore, the author ideas for our country criminal law to construct a qualification punishment which is applicable to the unit crime, and this can not only enrich our country criminal law of unit crime types of applicable criminal law, perfect our country’s system of punishment, but also can realize on certain level to control the unit crime subject of crime may be the implementation unit. About the construction of the system of qualification punishment for the unit crime, it needs the reference of foreign legislation experience, and combining on the basic principle of China’s present criminal law and criminal law related basic system to design the suitable punishment system for China’s basic national conditions.This thesis uses the semantic analysis, comparative analysis and the logical reasoning research method, through the experience of foreign legislation related information collection and integration, and combines the present criminal law in our country’s basic principles and implementation theory, designs a punishment system which is applicable of unit crime unit in the crime of subject qualification. The author considers that this system exists great value and the special significance, which has changed the original, single unit applicable to punishment of our country at present. And this system has set up the prestige of the criminal law, has made deterrence and prevention for the repeatedly happening of the unit crime.This thesis is divided into four parts. The first part introduces the basic situation of the qualification penalty, and it is for under the later construction of the unit criminal punishment of the qualification system; The second part introduces the possibility of qualification system for the unit crime punishment, and connects the foreign legal person qualification system for this crime unit crime qualification for punishment of orientation and the value; The third part introduces the present situation of the absence of our country criminal law about the unit crime punishment system for qualification legislation, and in small cases of formal analysis the system vacancy and the cause of the problem. In the fourth part the author makes the legislative proposals for the constructing a unit crime punishment system. The full parts of the text are closely linked, and closely around the unit crime to set up for the theme of punishment system. The text reflects the purpose for penalizing and fighting with the crime, which has great significance for striking and controlling the unit crime of our country.