Theory Of Qualificaion Penaity Legislation Perfect Of Our Country

Professional qualification punishment as a kind of punishment method, to deprive or limit is harmful to the society but to a lesser degree of criminal specific rights or legal qualifications, its historical development in the world is has a long history. With common development in the countries all over the world and attaches importance to human rights, the modern vocational qualification penalty compared with more brutal ancient qualification penalty to punish extent has become extremely gentle, embodies the value orientation of humanitarian. Professional qualification punishment its inherent rolling is extremely suitable for common crime and punishment harm slight crime groups, play an indispensable role in social governance. Even so, the professional qualification punishment on the surface of some defects, is seen as a weakness in the theoretical circle has led to professional qualification punishment of struggle, it is facing an unpredictable future. Although China's criminal law has qualification penalty legislation regulation, but the professional qualification punishment has been marginalized in the penalty system in our country. Our country "criminal law amendment(9) to ban in the regulation of the professional qualification, make professional qualification punishment for the position of the stranger in the penal system, make its future development of micro light now. But did not ban the professional qualification to rise for a separate mitigation in the penal system, but as a non punishment measures stipulated in criminal law, which caused a series of problems. The author aimed at problem of vocational qualification punishment legislation in our country, from the deep analysis of the relationship between criminal liability and administrative liability to demonstrate professional qualification punishment to set up and the necessity and rationality of the perfect the qualification system for its effectiveness to solve the problem.Besides preface and epilogue, this article is divided into five parts:The first part: the origin and development of professional qualification punishment. This part first elaborated our country the history origin and development of professional qualification punishment, the origin and development of foreign professional qualification punishment. Secondly, this part discusses the theoretical basis of the professional qualification punishment is the connotation of the professional qualification punishment and its classification and characteristics as well as its value orientation.The second part: our professional qualification deprived of legislation present situation and defect. This part mainly discusses the regulation of our country criminal law for the professional qualification punishment and the criminal law amendment(9) of the professional qualification of the provisions of the regulations and related laws and regulations of the professional qualification, lack of existing criminal law legislation in our country and the problems existing in the "criminal law amendment nine".The third part: our country establish the professional qualification penalty. Whether this part firstly expounds mainly at home and abroad set up professional qualification punishment by the ideas of the holding, reason and the main theory of scrap reason for evaluation; Secondly this part discusses the opposition to our country the establishment of professional qualification punishment idea reason criticism; Finally discusses our country to set up the professional qualification punishment.The fourth part: the perfect professional qualification punishment legislation in China. This part firstly focuses on the professional qualification system of punishment reconstructing countermeasures to revise the existing criminal law provisions, specific professional qualifications punishment, determine occupational qualification penalty applicable principles and standards, expand the applicable scope of the professional qualification punishment; Secondly discusses the qualifications punishment refactoring, consummates our country penalty system in our country the necessary matters should be paid attention to.