Plight,Compare And Reconstruction

In the social real life, the economic crimes continue to grow, the duty crimes occur repeatedly. However, the penalty measures which match with the economic crimes and duty crimes have unsatisfactory effect in the aspect of attacking crime and preventing crime , and can't fully display the effects of penalty. Investigating the results, its reason, in the very great degree rests with the deficiency of qualifications punishment legislation in our country's existing criminal law system. In our present criminal law, there have three kinds of qualification punishment, namely deprives the political rights, envoi as well as deprives the military rank. These three qualification punishments are insufficient to meet the complex changeable crimes in real life. Therefore, based on reality need, it is necessary to carry on reconsidering and reconstructing the existing qualification punishment. Based on this writing primary intention, the paper altogether divides into four chapters. First chapter is the introduction. In this chapter, the author presents the realistic need, and points out the questions need to research. In the second chapter, the author carries on the analysis in a view of theory and practice on the problems of depriving political rights and the problems of renvoi. The penalty of depriving political rights exists such problems: the nature dislocates, violating the principle of crime consistent with punishment, violating the constitution theory and its applying system is unreasonable. Renvoi exists the following problems: its suitable object is not clear and its suitable deadline is unreasonable. So, we must solve the problem which the present qualifications punishment exists, and carries on the legislation to our country's qualifications punishment to consummate, we may also have the necessity through comparison research of the qualifications punishment legislation, profits from the advanced experience of the western developed countries'qualifications punishment legislation. In this way, considering the country's actual situation, and absorbing the foreign experience, we can reconstruct the qualification punishments of our country. Therefore, the paper's third chapter is the compare of Chinese and foreign qualifications punishment legal status, the legislation pattern, the type, the applicable scope, the suitable deadline, conducts the comprehensive comparison research in the foundation, reconsiders insufficiency of the our country existing qualifications punishment legislation. Its deficiency mainly has: The types are...