On The Constitutional View Of The Contents Of The Deprivation Of Political Rights

Opinions about'political rights'are different between Western scholars and Chinese scholars. The'political rights'also have different meanings among political science, criminal law and constitution.The Chinese People's Political Consultative Conference Common Charter of 1949 and the 4 constitutions all prescribed the'political rights'.'political rights'are different from citizen rights, human rights and private rights.'Deprivation of political rights'is a accessory punishment in our criminal law. This punishment is prescribed both in the 1979 criminal law and 1997 criminal law. But'Political rights'are prescribed in constitutions are different from that are prescribed in criminal law. The'political rights'prescribed in constitutions are liminted in the right to elect and the right to be elected. But in criminal law, the'political rights'involve four contents: the right to elect and the right to be elected; the right to freedom of speech, of the press, of assembly, of association, of procession, and of demonstration; the right to hold a position in state organs; and the right to hold a leading position in a state-owned company, enterprise, or institution or people's organization. Criminal law Chapter 54 defines these rights as political and the Constitution does not define these rights as political. According to the principle of"inferior law should not conflict with superior law", Chapter 54 is defective in Jurisprudence and regulation. Therefore, Chapter 54 should be modified.