Legal Research On Establishment Of Practice Qualification Penalty

Nowadays, along with the economical development and the technical progress, the social division of labor is clear day by day, in certain area of employment, it appears some highly specialized or the technical jobs. The country has implemented the strict admittance mechanism to these professions. These domain's jobholders often use their practice qualification's convenience to enjoy more rights, and obtain high income, high treatment or high social position. What comes along is these jobholders use their unique practice qualification to commit crimes. But the rights and the duties are coordinated, enjoying rights also means to shoulder more responsibilities at the same time. But our present criminal law has not any penalty that aimed at these practice qualification crime. Therefore, this article in analyze present situation foundation, unifies our country penalty theory, and sets up the situation specifically from the different angle to analyze adding practice qualification penalty's necessity.Except the introductory remarks, the main text of this article altogether divides into three chapters:The first chapter is outline of practice qualification penalty. This chapter first elaborated the concepts of practice qualification and the practice qualification penalty, analyzed the differences between practice qualification penalty and penalty of eliminating the political rights. Next, elaborated the practice qualification penalty stipulation of our country and overseas legislations. Finally, analyzed some insufficiencies of our existing qualifications punishment system.The second chapter is the basis and the foundation of adding the practice qualification penalty. This chapter first from the aspects of socio-economic development, occupational ethics request to analyze the necessity of adding practice qualification penalty; then elaborated its rationale, elaborated from realizing the penalty goal and the penalty retribution thought and the penalty efficient angles. Finally, from our wide and strict criminal policy and internationally penalty leisurely trend of development angels to analyze the necessity.The third chapter is establishment and use of practice qualification penalty. This chapter borrows experience from the overseas legislation and unifies our existing punishment of eliminating the political rights, clears the status, object, suitable condition, deadline and procedures of practice qualification penalty, analyzed the similarities and differences between practice qualification penalty and administrative sanctions to the practice qualification stipulation. In view of the particularity of qualification penalty, this article also elaborated the qualifications punishment rehabilitation system and the rehabilitation cancellation system's necessity.