Research On Qualification Penalty

With the development of the times and the progress of human civilization, it is reflected in the criminal law field that the pace of punishment being light and slow will continue to move forward. There is a great change of society in this new age. The idea of harmonious society is known by everyone. In line with this background, the "tempering justice with mercy" criminal policy comes out in the field of criminal justice, which challenges our heavy penalty structure. Therefore, it is quite necessary to reform China’s punishment structure. So punishment against qualification seems a more active criminal policy. The history of the qualification penalty can be traced back to Roman times. It is a kind of ancient penalties in the whole system of punishment. But in the long history of several thousand years, punishment against qualification is always in the affiliate, and additional status. Also it is not mature enough in theory research. Qualification punishment has even been marginalized in China’s system of punishment. The deprivation of political rights, its main kinds, because of the strong political color, has not play its due role in application.However, as an important and effective way of punishment, in later punishment system, qualification punishment will certainly occupies an important position, especially in the background of tempering justice with mercy criminal policy. Qualification penalty is the exhibition of the austerity and humanitarian of criminal law, which fully reflects the idea of people-orientation and harmonious society. But for the related problems of qualification punishment, it has not been given enough attention from our country’s theoretical circles so that there are still quite a few gaps in theory, which my study power comes. In this article, there is certain research for the hope that it can provide reference for relevant legislation and concrete judicial practice. The selection of the paper topic has positive contemporary practical value and reveals the characteristics of the times. The following several problems are discusses.The first chapter is the general introduction of qualification punishment. In this part, the concept of punishment against qualification is introduced. Also, by discussing and analyzing the history of China and foreign qualification penalty punishment, its historical evolution is introduced. Thus, qualification penalty’s foundation of retribution, utility and humanity is demonstrated, which lays historical, practical and theoretical basis for the perfection of qualification punishment in criminal penalty. Finally, by comparing qualification penalty at home and abroad to point out it is time for our qualification penalty to reform, therefore to bury the groundwork for the next part of perfecting qualification penalty.The second chapter is the review of qualification penalty from the perspective of criminal policy. Firstly, it analyzes that it is inevitable for the appearance of "tempering justice with mercy" policy and then points out the rationality of this policy. At the same time, from the perspective of the criminal policy of tempering justice with mercy, the conclusion is drew that it is unfavorable for the criminal policy of tempering justice with mercy to realize for the shortcomings and problems existed in the current punishment structure and the fundamental exit for the criminal policy of tempering justice with mercy lies in the lightness and slowness of the punishment structure. The context of a harmonious society provides the political, economical and legal foundation for the lightness and slowness of our criminal punishment structure. Qualification penalty has special and irreplaceable function in the lightness and slowness of penalty structure. The essence of qualification penalty is the deprived of its conditions, which are peculiar for the criminal to implement a crime. Secondly, it analyzes the practical values of qualification penalty. The fundamental exit for the criminal policy of tempering justice with mercy lies in the lightness and slowness of the punishment structure. Qualification punishment has a positive value for criminal policy. Then, it points out the influences that the criminal policy of tempering justice with mercy has on our criminal punishment. The appearance of "tempering justice with mercy" policy causes the reform of penalty ideas that penalty should develop along the road of lightness and slowness. Therefore, qualification penalty in all penalties is a very important way to carry out "tempering justice with mercy" policy. Finally, it analyzes the current situation of our qualification penalty from the perspective of "tempering justice with mercy" policy and the gap between it and the goal of "tempering justice with mercy" policy. Therefore, it lays a solid foundation of logic reasoning for the further demonstration of qualification penalty and its perfection under the current criminal policy background.The third chapter is the perfection of qualification penalty under the context of the "tempering justice with mercy" criminal policy. From the perspective of the "tempering justice with mercy" criminal policy, the heavy penalty structure has to reform because of it is unfavorable for the realization of the "tempering justice with mercy" criminal policy in accordance with the construction of harmonious society. It is necessary to perfect our qualification penalty from the view of the "tempering justice with mercy" criminal policy because qualification penalty is good enough to punish criminals, has positive value and is good for the realization of the "tempering justice with mercy" criminal policy. This chapter focuses on the modification of our qualification penalty from legislation level, applicable level and executive level, with the hope to make our qualification penalty system accords with the trend of the general development of punishment and does plays its due role in crime punishment and crime prevention so that it can make due contributions to the construction of socialist harmonious society.