Qualification Penalty Study

Qualifications punishment is one ancient penalty method. Take deprives or limits offender to be engaged in some kind of activity's qualifications as its content. The qualifications punishment though has the malpractice of penalty to be surplus, deter's power to be insufficient and so on, but because it has unique function in the special prevention aspect as well as complied with the penalty's leisurely, the non- imprisonment worldwide development tendency, the qualifications punishment no matter all has the very high research value in the fundamental research domain and in the judicial practice. This paper mainly elaborated the qualifications punishment theorysurvey and the development vein, the foreign qualifications punishment comparison, our country's qualifications punishment and our country qualifications punishment development perfect tentative plan these four major parts. Through introduction and comparison research various countries related qualifications punishment stipulation, discovers our country qualifications punishment existent questions. At in model overseas success experience foundation, how to constructs our country's qualifications punishment system to carry on the ponder.The first part elaborated the qualifications punishment name evolution, the definition argument, qualifications punishment function and goal, the qualifications punishment saves or abandons struggle. Compared with the honorary punishment, the right punishment, the ability punishment said, qualifications punishment this name can manifest the modern qualifications punishment's content and the characteristic. The qualifications punishment has the penalty's basic function, the main stress in deprives function and so on in the punish function. The qualifications punishment goal lies in the prevention crime, specially prevents these to use some kind of qualifications and some status, occupation, duty crime. The qualifications punishment because possibly creates the penalty surplus and so on the malpractice receives the accusation, the applicable scope has the tendency which reduces, but because the qualifications punishment special prevention function is remarkable and so on the merit therefore the qualifications punishment also not suitably abolishes at present. Also this paper believed,"In the political denial appraisal function" not suitably elaborates as the qualifications punishment merit, it only is suitable the qualifications punishment one kind ofpossibility consequence.The second part has conducted the foreign qualifications punishment comparison research, is including the qualifications punishment status as the principal penalty or as the accessory punishment. Qualifications punishment content, looks over the various countries criminal law stipulation, the qualifications punishment content mainly includes deprives the civil rights, the prohibition is engaged in the certain occupation and so on seven big kinds. The qualifications punishment applied deadline and applied object. Qualifications punishment rehabilitation system, the rehabilitation system is aims at the qualifications punishment to apply one kind of penalty to eliminate system, is advantageous to eliminate qualification punishment possibly creates "the penalty to be surplus".The third part introduced our country's qualifications punishment, including deprives the political rights' development and evolution as well as to be applied the object, the applied deadline. Deports, our country about the stipulation which deport is too simple, in the actual execution also has problem, for example to the applied deadline which deports has not made the stipulation. Exists "the accurate qualifications punishment" displays the qualifications punishment in the administrative rules and regulations to be supposed in fact to have the function. In order to maintain the judicial unification as well as the penalty solemnity, should its rise for the true qualifications punishment.The fourth part has made the tentative plan to our country qualifications punishment legislation consummation. Deprives the political rights to have the strong political color, already unsuitably prevented and the attack crime realistic need, in aspect and so on content design, applied object all have problems. This paper major point is, abolishes deprives in the political rights about "deprives the citizen basic right" the stipulation, to deprives the political rights to carry on the transformation, at the same time increases "deprives the qualification of to be engaged in the specific occupation ", is applied for the unit crime qualifications punishment, the qualifications punishment reduces system and the rehabilitation system. This can display the qualifications punishment well the special prevention function. At the same time maximum limit reduces the qualifications punishment the malpractice, establishes the science, completely, the effective qualifications punishment system.