Reasearch On Suggestions For Improvement Of Qualification Penalty Of Criminal Law

In this paper, the basic theory of punishment qualifications, current situation and reflect on our country qualification punishments, national criminal legislation on qualifications civil penalty introduced legislation to improve our qualification penalty four discussed the idea of qualification penalty.The full text is divided into five chapters, totaling about 49,000 words.First chapter. Introduces the purpose and significance of the subject, as well as the status of domestic-related research.The second chapter is an overview of the basic theory of punishment qualifications. From the definition of criminal connotation of eligibility, determine eligibility based on the offender’s sentence must be eligible for depriving content penalty methods. And then to analyze the main characteristics of qualifications punishment:punishment of content and diversity of non-material, in the form of flexibility, the degree of playful nature, the penalty cost of the economy, the effectiveness of prevention, values of humanity. Then show the origin and development of qualifications punishment. Finally, analysis of the value of the qualification penalty:First, to achieve the purpose of punishment qualification penalty, to achieve general prevention and special prevention; secondly, to meet the qualifications of criminal punishment system setup requirements, to the severity of an orderly, interlinked; Third, eligibility punishment able to adapt to the development direction of the penalty reflects Mitigation, temper justice with mercy.The third chapter is the status and to reflect our country qualification punishments. Firstly, and assessment of the deprivation of political rights, deportation, followed by alignment qualified punishment outside of the penalty system was introduced, and then analyzes the problems and to reflect the existence of our country qualification punishments. Problems qualifications punishment within the criminal justice system are:first, the application object generalization, the lack of clear purpose; second, suitable for single way, lack the necessary flexibility; third, no provision for the applicable period; the fourth on lack of incentives to commit criminal qualifications. The criminal justice system outside the quasi-criminal qualifications main problems: First, administrative penalties and criminal penalties hybridity, ill-defined; the second is quasi-qualified criminal content irrationality.The fourth chapter Continental Law System penalty national criminal legislation introduced on eligibility. This chapter describes the types of systematic torture of foreign qualifications, followed by the introduction of Germany, France and Japan, South Korea, North Korea characterized by three qualified and worthy of punishment system to learn from.The fifth chapter of qualification penalty Legislation conception. Mainly from the two major aspects, namely improving qualifications and qualifications applicable criminal punishment system to improve the system. Perfect qualification penalty system include:first, amend existing content on the "deprivation of political rights," suggesting renamed "public rights deprivation" and deprivation of liberty six deleting provisions in this part, reserved prohibited from acting as the country’s public and prohibited from acting as special areas of leadership positions in both the content of qualifications; on the "deportation", the proposed method are clearly specified in their application, the application object and the applicable period; second, additional qualification penalty species. Deprive individuals engaged in certain vocational qualifications, banned from driving, depriving rank and additional units to qualify for punishment. Qualification Punishment perfect system include:clear eligibility conditions applicable penalty, the establishment of a discrete system, probation system, commutation system, complex power system. Mainly introduces the basic theory of rehabilitation system, rehabilitation system to establish the value of rehabilitation system specific settings, and so on.