On The “deprivation Of Political Rights Punishment” From Constitutional Perspective

Deprivation of political rights is an important penalty in the criminal law of our country. Since it is a penalty, we should know it to punish these people who and what rights? These were deprived of the right to whether conform to the spirit of the Constitution? As the supreme law of the constitution has the natural mission guardian of common law to respect human rights, to maintain the unity of the legal system. The important content of political rights belong to the basic rights of citizens, in the Constitution and therefore, as the relevant provisions of criminal law in the common law must accord with the purpose of the constitution.The modern state constitution in existence and the value of the plaintext must the citizen’s fundamental rights, also provides for the limitation of basic civil rights. How in a correct idea and value guidance, make the citizen basic right limit and implementation can improve and operate under the framework of law, no doubt on the formation and development of constitutional politics has extremely important significance. China’s criminal law fifty-four’s special provisions for the punishment of deprival of political rights. It is necessary to Article fifty-four of the criminal law of the specific system analysis, what rights are to be deprived of, in which case can be deprived of political rights and deprived them of the procedure applied for Is it right? Legitimate etc. so we should analysis the contentThis thesis will make a comprehensive comparison with the Constitution and the criminal law, the political rights provided method concepts, historical investigation, realistic analysis, so as to the constitutionality of the deprivation of political rights discussion, suggestion and his conception of hope to improve the problem of deprivation of political rights.