The Legislative Perfection About The Penalty Term Of Depriving Political Rights

There are lot of problems in the process of executing the penalty of depriving political rights, which seriously affect the function of this kind of penalty, the core of these problems is that, there are several penalties of depriving political rights about fixedterm imprisonment in the process of executing the penalty of depriving political rights. When we decide the combined pinishment for several crimes, it will bring out the following problems: the in accommodation between the crime and penalty; the violation of the principle of legality. Some scholars bring forward a series of solutions to solve these problems, such as deciding the combined pinishment subsectively; executing the penalty subsectively; ascertaining the term of the penalty proportionally and executing the penalty subsectively. But these projects can't solve the problems radically, on the contrary, they produce such shortcomings as the complicity of accouting and difficulty to execute. The essential reason for the problems existing in the process of executing the penalty of depriving political rights is that, Artical 58 in our penalty code priscribe the term of depriving political rights and the primary penalty together, which leads to the following result: the beginning time of executing the penalty of depriving political rights is behind of the end of the primary penalty or the parole, in the prcess of executing the primary penalty, the penalty of depriving political rights is effective, but this period doesn't belong to the term of depriving political rights. Artical 58 in our penalty code also leads to the following problems: When we decide the suspension of sentence or the parole, the in accommodation with penalty code will bring out. To solve these problems radically, we should amend Artical 58. The author points out these proposals: the execution of depriving political rights should begin with the confirmation of the sentence, regard the period of executing the primary penalty as the term of the penalty of depriving political rights, perfect the system about enfolding of the penalty term and the punishment commutation, so as to form integrated and scientific penalty system about execution of the depriving political rights.