Research On The Perfection Of Qualification Penalty In China

Qualification penalty is an ancient penalty method,but compared with life penalty,freedom penalty and fine penalty,its position is not prominent.However,under the background of market economy,the importance of "qualification" is gradually reflected.The new social background has given rise to more qualification requirements.Improving the qualification penalty system not only conforms to the general trend of the development of criminal law,but also is of great significance to China’s penalty theory.This article intends to draw lessons from the excellent experience of the establishment of qualification penalty at home and abroad,analyze the shortcomings of the current qualification penalty,improve and expand the content of qualification penalty,in order to achieve the purpose of improving the qualification penalty,so that the qualification penalty can better realize its value of criminal law.This article analyzes our country qualification penalty legislation present situation,and determines the qualifications punishment in criminal law is mainly divided into two kinds,namely the deprivation of political rights and deported.By analyzing these two kinds of qualification penalty,I think the current qualification penalty still exists unreasonable place:First,the nature and position of qualification penalty are not clear,it focuses on political content,but the non-political content is insufficient;Second,the type of punishment is too single,the penalty effect is not very obvious;Third,the application of the penalty is too narrow,especially the lack of qualifications for the unit of punishment;Fourth,the application mode of qualification penalty is general and lacks certain pertinence;Fifth,it lacks incentive mechanism for the application penalty.Aiming at the unreasonable setting of qualification penalty in our country,this paper puts forward the perfection conceptions.First of all,we should correctly understand the legal nature of qualification penalty and weaken its political nature.Secondly,the existing qualification penalty legislation should be amended,and the six freedoms of deprivation of political rights should be limited to the scope of "political".Thirdly,the provision of occupational prohibition should be brought into the qualification penalty.And also should set unit’s qualification penalty.Finally,the method of itemized deprivation should be applied to the qualification punishment.Whats more,should improve the commutation system,and should establish the restoration system,so that the criminal people can better return to society.