On The Application Range Of Deprivation Of Political Rights As A Supplementary Punishment

As a type of punishment,the punishment of deprivation of political rights has some loopholes.The application range of deprivation of political rights as a supplementary punishment is ambiguous in its way of application and judges have excessive discretionary right in that article,which aggravates criminal punishment on criminals and does not meet the principle of legality.Therefore it is necessary to clearly define the application range of deprivation of political rights as a supplementary punishment.The first part of this paper is about the summary of clauses of criminal law and the reply of Supreme People’s Court,finds out four abstract and equivocal phrases,and they are "et cetera","seriousness","social order" and "other".Those four phrases indicate the ambiguity of legal provisions in deprivation of political rights as a supplementary punishment.With the help of scholars’ perspectives and a large amount of cases,this paper makes a further step to put forward the ambiguity of deprivation of political rights as a supplementary punishment in application range.The second part makes an analysis of the history and the feature of deprivation of political rights.By the analysis of competency punishment against qualifications from ancient and modern time and drawn lessons from the historical evolution rule of competency punishment against qualifications in countries around the world,this paper illustrates that the deprivation of political rights in China is pseudo in competency punishment against qualifications,low in penalty value,severe in punishment,scarce in independency and it is necessary to amend its adaptability with the development of national civilization level.Without the emendation of the deprivation of political rights by lawmakers,it should be restricted for use.The third part analyzes duty-bound deprivation of political rights and independently-applied deprivation of political rights and shows that although same in the content of punishment,duty-bound deprivation of political rights is superior to deprivation of political rights as a supplementary punishment and independently-applied deprivation of political rights in the seriousness of punishment.Therefore the argument of this paper is that the application range of deprivation of political rights as a supplementary punishment is for criminals who have been sentenced to fixed-term imprisonment of not less than ten years and who will be given the maximum statutory penalty of life punishment without endangering national security by the name of legalization of the accusation.The innovation of this paper lies in the presentation of punishment extent and punishment extent chart besides the practice of theoretical derivation,the big data survey of court cases and the conclusion drawn by comprehensive application.