| The qualification punishment of criminal law system is unsound in China.As a result,the qualification penalty is not duly respected in judicial practice,mainly not used in practice,the value and role of the qualification penalty have not been fully demonstrated.In order to further develop the capacity of the criminal justice system to combat crime and prevent recidivism,to make light-penalization turn,based on the basic theory of qualification,having viewed the foreign qualification legislation,this article shows the status quo of our qualification punishment,analyzes its problems.And in response to existing problems,the author puts forward some suggestions to improve the qualification punishment in our country.In detail,qualification punishment theory was summarized in the first part,explores the origin of qualification punishment at home and abroad,it is believed that our country’s qualification system originated from the Xiang Penalty,while the qualification penalty in the West originated from the reputation of Rome.And it explores the concept of qualification punishment.On the basis of the four different definitions of right punishment,ability punishment,reputation punishment and qualification punishment,the qualification punishment is defined as depriving the victim of a certain period of time or a lifetime of exercise of public power,carrying out certain activities,or engaging in a certain profession,and enjoying a certain honor.The author thinks that the qualification penalty has the characteristics of comprehensiveness of content,diversity of form,pertinence of prevention,contemporaneity of penalty law and economy of cost.In the second part,considering the current situation of the deprivation of political rights and banishment,qualification penalty system in administrative law system and the judicial interpretation of our country,the author analyzes the existing problems of qualification punishment in China.The author thinks that the qualification punishment in our country is low in the whole penal system,the punishment type is too few to be systematized,the regulation is inconsistent,and the qualification punishment lacks the relevant system.To varying degrees,the qualification punishment on the deprivation of political rights and the expulsion from the country exists different problems in the name,content,procedure,applicable conditions and application scope.The third part introduces the qualification punishment system of two countries varying from common law and civil law countries,focuses on the system content,application system,and Rehabilitation System of qualification punishment.On the basis of the advanced legislative experiences of Germany,Italy,the United States and England,the author concludes that the perfection of qualification punishment in China should be promoted from the aspects of legislative idea,system content and application scope.In the fourth part,the author puts forward the idea of perfecting the qualification punishment in China.It is believed that the qualification penalty has an irreplaceable role in fighting and preventing crimes committed by the perpetrator’s used the convenience of qualification.It is suggested that the qualification penalty should be included in the category of the main punishment,and a new system should be established in order to raise the status of qualification punishment.To increase the qualification penalty applied to natural persons,such as deprivation of certain professional qualifications,lifelong disqualification of driving,military rank deprivation,deprivation of guardianship rights,etc.It is necessary to set up the system of qualification penalty for the disqualification of the unit,thus constructing the system of qualification penalty.To use the existing criminal law and administrative law,economic law connecting the system to improve the system of qualification punishment and quasi-qualification punishment.To establish a system for the right to torture,which covers natural and statutory restitution,the natural restitution is applicable to those who are sentenced to fixed-term imprisonment,and the statutory right of reply is applicable to the qualification penalty of unlimited time limit.To renovate the existing criminal names,contents,procedures and applicable conditions of deprivation of political rights and deportation.Thus,it provides the prefixes for the maximum penalty effect of Chinese qualification penalty. |
