On Collateral Consequence Of Crime

Having a long history as a penalty, eligibility punishment in the prevention of crime, especially crime, the crime again play an unmatched by any other penalty the advantages.Heavy due to the history of our ideas of Marxism and retribution,under the existing Penal Code, the crime apart from the qualification requirements under section 54 other than the deprivation of political rights is also a large amount of non-criminal laws and administrative laws and regulations committed a crime or have received criminal punishment who provides some kind of deprivation or restriction of their qualifications or engage in an occupation of explicit legislation, which provides a large number of casual attendant consequences of criminal laws and regulations will undoubtedly be the personality of the perpetrator of crime reduction, etc. and the citizens of isolation from society prejudice. It not only violates the basic principles of statutory crime is also a desecration of our Constitution with the world trend playful sentence is contrary to. These provisions have not yet aroused the Chinese judicial practice and Theory of criminal law enough attention on the attendant consequences of this by comparing the provisions of two legislative model, the consequences of China's current provisions on crime accompanying the problems to be reflective, with a view to contribute to China's criminal system, the improvement of qualifications, to punish crime and protect the unity of civil rights. Full-text is divided into three parts separately from the consequences of the theory outlined in the accompanying crime, the consequences of the provisions of the two kinds of accompanying model legislation and the accompanying consequences into our system, qualified the idea of punishment were discussed a total of 33000 words.Part I: Theoretical overview of the consequences of crime accompanying. This is the basis for this article. First, by defining a crime is incidental consequence of the perpetrator found guilty of the crime or have received over the fact that criminal penalties for being apart from those declared outside the penalty provisions of other laws and regulations of conduct to engage in certain activities eligible for deprivation and restrictions. It has a non-declaratory, unconditional nature, severe, decentralized nature, and applicable standards for the different characteristics, etc. China's current legal system is filled with a large number of the provisions of the consequences attendant on crime. These provisions seriously affect people's legitimate rights and interests of crime and re-socialization. Secondly, the nature of the consequences of crime be clearly incidental. With regard to the consequences of crime, the nature of accompanying the security action that has always been, qualifications punishment, said that from the criminal and administrative penalties, said the dispute. Through the evaluation of several ideas one by one come to the administrative penalty that would be more appropriate.Part II: the consequences of two kinds of legislative models on the accompanying comparison of. With regard to the provisions of the consequences accompanying the main approach is a qualified foreign criminal pattern. Before the commencement of this section in the first qualification of the concept and made a concise discussion of the legislative overview. And then through several typical countries such as France, Italy, Germany and Russia on the eligibility of specific criminal penalties provided understanding of the types of qualifications, qualifications, criminal penalties for the position and the qualifications issue of how to apply the penalties. With foreign qualifications to take the legislative model of a different type of our approach is a model of administrative penalty. Accompanying consequences for our understanding of the content, status and application of the. In the two kinds of model legislation set out the future from the horizontal angle of their respective advantages and disadvantages of a comprehensive model comparison. China's model of the shortcomings of the administrative penalty is particularly evident. Mainly manifested in the first, no legal basis, there is suspicion unconstitutional; Second, the lack of relevance and flexibility of; Third, too harsh, confusing the boundaries of administrative penalties and punishment; Fourth, the lack of procedural and relief of the judiciary of insufficient; Fifth, the consequences of the provisions of the applicable standard accompanying random and chaotic, and strongly enhanced political overtones; Due to administrative punishment model highlights the problems and shortcomings so that we have to reflect the provisions of existing legislation, drawing on experience from abroad for the third part of the attendant consequences for how the criminal system and into the qualifications to do a foreshadowing. Part III: the consequences of entering the country on the accompanying criminal system, the idea of the qualifications. Eligible for the non-prison sentence of severely negative evaluation, independence and the additional advantages of flexibility in the application of it in the prevention of crime, the defense community has a unique advantage. It is conducive to the establishment of a socialist market economic system, to ensure the purity of the market economy and fairness of the efficacy plays an important. Penalty system in place. Through reflection on China's current Criminal Code provisions on the qualification crimination problems and shortcomings, first of all in the legislative model, should be a large number of incidental consequence of the provisions have a choice into the criminal system in order to qualify there is great need and urgency. Second, improve the right of minors eligible for these special groups of punishment applicable to the provisions of protection of the primary philosophy of education to prevent juvenile delinquency. The final adoption of commutation of sentence, re-qualification of the right to perfect the implementation of punishment and help offenders return to society as soon as possible.