A Thesis On Qualification Penalty

China's criminal law theory of the penalty method is divided into life punishment,free punishment,property punishment and qualification punishment.From this classification point of view,the qualification penalty in our country was placed in the secondary,auxiliary status.And in the judicial practice,the scope of application and the frequency of application are far less than the first three penal methods,as China's prison system in the popular.However,the qualification penalty as an important part of the modern society penalty system,has a long historical origins,can be traced back to the ancient Chinese "like punishment." And the earliest qualification in modern sense is the "deprivation of public power" stipulated in Article 8 of the 1810 French Penal Code.With the development of market economy and social progress,the social division of labor has been refined,economic crime,occupational crime Of the case should be significantly increased,China's criminal law should be adapted to the need to expand the qualification penalty and improve the qualification penalty in limiting the criminals recidivism,education reform and other criminal methods have other advantages can not match the advantages,should be given sufficient attention And perfect.This article discusses the related problems from five aspects: the introduction of qualification penalty,the examination and punishment of qualification,the defects and shortcomings of the qualification of the Chinese qualification,the feasibility of the qualification penalty and the improvement of the qualification punishment.The first part defines and distinguishes the concept of qualification punishment and the related system.It briefly introduces the development history of qualification punishment,compares the Chinese and foreign qualification punishment,and analyzes the difference between qualification penalty and similar concept.First of all,the differences in the names of qualifications in the academic circles are introduced,and the basic definition of the qualification penalty is defined.Secondly,it introduces the development process of qualification punishment.Through the development history of qualification punishment,we can grasp the development trend of the future qualification punishment in a general way.Then we introduce the types of foreign qualification punishment.Through the introduction of foreign qualification punishment,we can have a horizontal contrast and grasp,which can help us to improve the classification and system of qualification in our country.And then the qualification and similar concepts were compared,the characteristics of the qualification penalty was highlighted.Finally,the author defines the types of qualification punishment in China,and analyzes the types of qualification punishment stipulated in our country,so as to find the deficiency of the existing qualification punishment.The second part is the discussion of the question of the abolition of the qualification penalty.The author from the qualification of the existence of the value and theoretical basis for the entry point.It is stated that the existence value of the qualification penalty lies in maintaining the rights and freedoms of the masses by punishing,transforming the criminals,guarding and educating other members of society to maintain a good and stable social order.And its existence is based on the principle of criminal law,in line with the humanitarian and criminal law retribution and preventive.Then,the author expounds the two different viewpoints of the scholars' eligibility and deferral,and finally makes a predictable prospect for the future development of the qualification penalty.The third part is the exposition of the defects and shortcomings of the qualification penalty in China.I believe that China's qualification penalty mainly exists the following shortcomings: First,the qualification content of a single.China's qualification penalty category includes only three kinds,namely,deprivation of political rights,deportation and specific occupation ban,China's qualification content of the scope of excessive narrow,difficult to match our complex national conditions and the need to punish the crime.Second,the lack of targeted content,likely to cause excessive penalties.China's deprivation of political rights is mainly punishments,that is,once the decision to deprive political rights,the four political rights are all deprived,not to criminals crime situation to distinguish.The applicability of a single approach is likely to result in the possibility of "excessive penalty" and is not more targeted than the alternative approach.Third,commutation,the lack of criminal elimination system.Fourth,the applicable object is not clear,incomplete.The applicability of our criminal law to the qualification penalty is not fully elucidated,for example,whether the juvenile offender can apply the qualification penalty Is it possible for a transferee to apply a qualification penalty? Is it possible for a legal person to apply a qualification penalty? None of these penalties are regulated.Fifth,the lack of supervision and inspection mechanism.The fourth part is the feasibility study on the perfection of Chinese qualification.Mainly from the internal conditions and external conditions to elaborate.Internal conditions are the shortcomings of our existing qualification system.External conditions are mainly from the trend of light punishment;the actual needs of crime prevention;mature existing conditions are described in three parts.The fifth part is to put forward our own views on the perfection and suggestion of the qualification system in our country.For the third part of the problems found,the author suggested: first,to amend the "deprivation of political rights" criminal name and content;second,"deprivation of political rights" to determine the content;third,deportation;The fifth is to increase the application of the provisions of the legal person;Sixth,improve the application of the system of qualifications This content of China's qualification punishment to improve their own point of view.