Reflections And Perfection Of Qualification Punishment In Our Country

Along with the continuous deepening ideas of the proposal penalty, the educational penalty and human rights, the protection of human rights of offenders and decriminalization of Penalty thinking have been better reflect and widely accepted by more and more countries. As an important criminal, Qualification Penalty plays a viral role in the penal system. Therefore, Qualification Penalty is high valuable not only in theories research but also in legal practice. The legislation of Qualification Penalty has been detailed and specific in many countries of the world so that Qualification Penalty plays a great advantage in achieving the general crime prevention and special crime prevention. Criminal Law of The People’s Republic of China show deprivation of political rights and Criminal Law of The People’s Republic of China shows deportation may be imposed independently or supplementally to a foreigner who commits a crime. In China, Qualification Penalty really did not receive satisfactory results because of political, the state organs of the People’s Republic of China and so on. Therefore, the scientific legislation of Qualification Penalty is significant meaning to improve our penal system and the penalty modern progress.Qualification penalty is one concept of the criminal law theory. It deprives the rights of the criminal which it enjoys or enforces. Besides the common features of the other criminal law, it has special economic, humanistic and light features. Its’development has a long history. In the domestic history, Xiang criminal law recorded in the ancient books was its’ initial version. Abroad, there was its’oldest record in<The Code of Hammurabi>in the ancient Babylon era. Up to now, the qualification penalty has been a light punishment criminal law with diversity. In out country, the development of qualification penalty is mainly focus on the legislation development of the criminal law category and the qualification penalty application. The legislation development of the criminal law category is mainly revised from the existing qualification penalty with deprivation of political rights and forcing offender doesn’t care politics at first, secondly, other kinds of qualification penalty are to be added, including unit crime and special occupation crime. This is in order to keep up with the development of economy. The legislation developments of qualification penalty include its’standard and system to be applied. Separation system of qualification penalty shall be introduced in the standard, but concrete measures are considered with concrete situation, not just to deprive all the rights of qualification penalty. For the qualification penalty system, rights recovery shall be introduced, in order to assist criminal is confident of himself. In the meantime, according to the<implement measure of community correction>, which was issued recently, efficient and perfect surveillance and investigation system of qualification penalty implement shall be researched and established step by step.