Comparative Study On The Qualification Penalty Of Chinese And French Law

With the continuous development of our country's economy and the continuous improvement of people's living standards,under the criminal policy of “being strict with each other” in our country,the improvement of the qualification penalty has also received wide attention from the academic community.Qualification penalties have more unique punishment and prevention functions than traditional life punishments,freedom punishments,and property punishments.Qualification penalties are in line with the trend of light penalization and humanitarianism,and in the era of contemporary big data,the implementation of qualification penalties.Compared with traditional penalties,its implementation is more economical,and the above characteristics of qualification penalties make it more feasible to improve the qualification penalty.In contrast,the status quo of China's qualifications penalties,due to China's unique historical evolution,China's qualifications at this stage only provides for two penalties: deprivation of political rights and deportation,and the deprivation of political rights in the application process must be applicable to all four items,Its specificity needs to be strengthened;and in terms of the scope of application of the qualification penalty,the qualification penalty is only applicable to crimes that endanger state security and public safety as well as crimes that seriously endanger the personal and property of citizens,and its scope needs to be further expanded;In terms of objects,China's qualifications penalties only impose restrictions on natural persons and there is no restriction on unit crimes.This paper is divided into four parts to strengthen the research on the qualification penalty.First of all,the concept,characteristics and comparison of the historical evolution of the qualification penalty are established to lay a theoretical foundation for the study of the subsequent qualification punishment.Secondly,through the method of the two countries in the general part of criminal law for the comparison of qualification penalty legislation,from the status of qualification penalty,type and applicable object to analyze the differences between the two countries and existing problems of China's criminal law qualification punishment.Finally,based on our country and the French qualification penalty in comparative reflection on the problems existing in the process of,widely combined with our country criminal law educational world to explore and research,fromthe specific provisions of the regulation of our country at present the general qualifications punishment and qualification punishment on the judicial application of find a qualification punishment system with Chinese characteristics.