My Country's Penalty Attached Consequences Study

The punishment attached to the consequences refer to the legal consequences that are set up in addition to the penalty to the perpetrator after the criminal penalty is imposed.In our country,in addition to the intensity of punishment,there are a large number of restrictive clauses for criminal offenders,which include restrictions on public service,on certain occupation,on certain activities,and on reputation or honor.There is no denying the value of the punishment attached to the consequences,but there are many fatal defects in its setting,and the legitimacy of its existence is doubtful.Therefore,it is necessary to strengthen the research on the consequences of penalty to make its setting more scientific and more legitimate.This paper tries to clarify some basic problems of the punishment attached to the consequences and fully discusses the definition and characteristics of the punishment attached to the consequences.At present,the biggest problem of the punishment attached to the consequences is its unclear legal nature.This paper enumerates relevant theories at home and abroad,and holds that the punishment attached to the consequences in China should belong to the qualification penalty.This paper also discusses the value of the punishment attached to the consequences from the perspectives of the theory of revenge punishment,the theory of objective punishment and the principle of economy.The content of the punishment attached to the consequences is the core of the research on the punishment attached to the consequences.These penalties are accompanied by consequences that are distributed in multiple levels and dispersed in content.Some of these penalties have preconditions,some have subjective distinctions between intentional and negligent crime,and some have time limits,but most are general.Through sorting out the relevant provisions of the punishment attached to the consequences in our country,there are lack of legitimate basis,numerous contradictions in the application,severe consequences,lack of procedural provisions,unreasonable content setting and other problems.To solve these problems,we need to change our ideas and incorporate the attached consequences of penalty into the qualification penalty,so that it can be legally justified.In addition,it is also necessary to systematically sort out the problems existing in the punishment attached to the consequences,scientifically and rationally set the content of the punishment attached to the consequences,and explore the implementation of personalized elimination of previous convictions.