Examine Chinese Criminal Political Rights In The Constitution

Political rights as citizens' one of the fundamental rights is an important political and legal status. However, through research and study, the authors found that Chinese current Constitution and the Criminal Law on "political rights" not the same. In this way, it will inevitably cause people to question the authority of the Constitution, is also not conducive to the protection of human rights. With the " implement the basic strategy of governing the country according to law, accelerate the construction of a socialist country ruled by law" to speed up the gradual process of Chinese current criminal law "political rights" of constitutional review is very important in theoretical and practical .In the first part, on the basis of clarifying the rights, political-related rights and the political rights, and other related concepts .At present Chinese current constitution and the criminal law about "political rights" not entirely consistent. In the second part , on the bases of the conclusions of the first part, in view of legislative structures, constitutional skills, the implementation of the Constitution and constitutional point of the overall study to analyze the "political rights"in criminal law, and in further integration of the speech, publication, assembly, association, the procession and demonstration of the right freedom of the existing criminal law "political rights" do not meet the scope of the Constitution. In the third part , as to Chinese deprivation of political rights for the existing problems, using "deprivation of rights" instead of "deprivation of political rights" and delete depriving speech, publication, assembly, association, the procession and demonstration of the right to freedom, integrate the right of vote and to be elected, increasing deprivation of the rights of specific duties, in order to improving aspects of the concept, thus maintaining the authority of the constitution to strengthen the protection of human rights.