Study On Consequences Of Criminal Punishment

The penalty associated with the generation of human society,is the first primitive revenge custom as the prototype,the death penalty and corporal punishment as the main content,style simple,brutal means of reflecting the savagery.With the development of civilization,penalty gradually goes to freedom penalty,and slowly awakening of human rights consciousness.In today's society,property punishment and lighter punishment become the main content of punishment in many countries.Some countries even have abolished life penalty.More and more democratic and humane punishment measures are the trend of social development.Under such conditions,social order is not only in disorder,but more orderly.Mentioned for criminal punishment,and most people think of imprisonment,deprivation of political rights,it seems in people's subconscious,as long as the criminal subject to criminal penalties,so he had to pay for the crimes of the same price,in the social life and the normal.As a matter of fact,in addition to the penalty,the laws and regulations of our country stipulate a large number of restrictive clauses for criminal offenders,which are called "the accompanying consequences of the penalty".As the name implies,the consequences of penalty are accompanied by penalties,which can produce a series of adverse effects by restricting the qualification of criminal offenders and depriving the rights of criminal offenders.Our country about the provisions of punishment with the consequences,mainly in the laws and regulations at all levels,limiting criminal offenders can be released from prison after the occupation,the occupation involves all public and social interests,closely related to the occupation and occupation related to the financial sector.Although there is no attention to too many people,the consequences of punishment are of great significance in the prevention of crime.By restricting the qualification of the perpetrator of a crime once committed,it can be deprived of its pass through the road of crime,and beyond the statutory penalty period,we further ensure that the offenders who committed the crime once again will not harm the society again.On the other hand,limiting the occupation of criminal offenders in public office or closely related to social interests can enhance the credibility of the government and ensure the purity of the industry.However,there are many loopholes in China's current regulations on consequences,which,to a certain extent,violate the legitimate rights and interests of criminal offenders,and also reduce their preventive functions.Legislators are busy making more and more restrictive clauses,but they ignore the direct causal relationship between the former crime and the restrictive content,which leads to lack of pertinence.The lack of procedural provisions and punitive provisions makes many of the provisions attached to the consequences can not be put into practice.In order to solve this series of problems,the first thing to solve is the qualitative problem attached to the consequences.Referring to foreign experience,it can be incorporated with the consequences into the qualification penalty system and formally become a part of the penalty.Increase the types of qualification penalty in the general criminal code,organize restrictive provisions scattered in various laws and regulations to the corresponding provisions,before the crime sentence to determine the limitation period,the abolition of the applicable provisions of criminal negligence with the consequences,to further improve the special forms of the crime,increase the procedural rules matching and punitive terms.This is the vision of the development of the penalty attached consequences in the theoretical circles at present.It is necessary to achieve the goal of early prevention by adjusting the legitimacy and rationality of the consequences and ensuring the universality and equality of citizenship.