Research On Perfection Of Qualification Penalty System In China

Qualification penalty is a penal method that deprives the criminal of certain qualification,and plays an indispensable role in punishing crimes committed by using qualification.As an important part of modern penal system with rich expressions in foreign criminal law,the qualification penalty in China remains imperfect as it only serves on deprivation of political rights and deportation,which is imperfect on no matter its content,application or execution.And it has therefore brought adverse effect on application of the qualification penalty in China.In order to improve the qualification penalty system in China and ensure its rationalization and scientification,so as to improve the penalty system in China and make it play the biggest role of criminal law,this paper intends to make a preliminary study on the qualification penalty system in China and puts forward specific suggestions for its improvement.In addition to the introduction and conclusion,this paper includes four parts.The first part is an overview of the qualification penalty and make it clear that the qualification penalty is a theoretical concept.The paper summarizes the concept,characteristics,types,reasons for "preserving" and "abolishing" of qualification penalty and its rationality.In the second part,the paper expounds present situation of qualification penalty legislation in China and analyzes its shortcomings.There are only two kinds of qualification penalty prescribed in China’s criminal law: deprivation of political rights and deportation.Deportation is applicable to foreigners,and therefore to nationals,only the former is applicable.From this point of view,the types of qualification penalty are too single.In addition,the qualification penalty has several shortcomings:The content of deprivation of political rights is not reasonable;The object of application is not targeted;The application of deprivation of political rights to the criminals sentenced to life imprisonment or death is not effective;The time limit of deportation and the manner of execution are unclear.In the third part,the paper gives some specific suggestions for perfection of China’s existing qualification penalty.The methods to perfect the punishment of deprivation of political rights: Limit the content it deprives;Enhance the pertinence of its application;Clarifying the time limit for its application and thinking on the application of qualification punishment to death row prisoners;Enrich the types of punishment for disqualification of political rights;Perfection of deportation qualification penalty: clarifying the applicable period,applicable object and execution method of deportation.In the fourth part,the author integrates and expands content of qualification penalty.Firstly,the prohibition of employment should be involved into the qualification penalty system;Secondly,administrative qualification punishment should be integrated into qualification penalty.This paper,on the one hand,expounds the current situation,limitation and relationship between the employment prohibition system and qualification penalty,and demonstrates the necessity of upgrading the employment prohibition system to qualification penalty;on the other hand,summarizes the present situation of administrative qualification penalty,and puts forward the limitation of administrative qualification punishment and discusses the necessity of integrating administrative qualification punishment into qualification penalty.