Dissertation > Excellent graduate degree dissertation topics show

To Our Country Qualifications Punishment Reconsidering and Restructuring

Author: LongLi
Tutor: SongQiang
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Qualifying criminal Compare The abolition Inadequate Perfect
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 164
Quote: 4
Read: Download Dissertation

Abstract

Qualifications punishment is an ancient method of penalty, deprivation or restriction of certain rights of the offender or qualification for the content. Qualified criminal penalty excess, lack of deterrence and other defects, but because of its unique role of special defense, and conform to the mitigation of punishment trends, qualifications punishment is bound to be more and more attention in the penal system the role will be growing. Lower the country qualification punishments applicable rate, lack of specificity, this sentence is difficult to play due to reduce crime and crime prevention, resulting in a penalty relative surplus of resources, to a large extent, the existing criminal justice system Qualification Penalty Legislation inadequate. Therefore, based on real needs, it is necessary punishment for reflection and reconstruction of existing qualifications. The paper is divided into four parts, a total of about 33,000 words. General theory of the first part of the Qualification Penalty. That part of the qualified name of the punishment, the concept, characteristics and its origin and development. Distinguish the difference between reputation punishment, punishment of rights, the ability to torture and Qualification Penalty title, which expressly qualified in their concept of punishment. And its three characteristics: diversity, economic, gently. And then introduced the the Qualification Penalty historical evolution, Qualification Penalty trends have a better grasp of history. Last discussed the issue on the abolition of the Qualification Penalty. Qualification criminal penalty excess defects may cause to be blamed, but due to the the Qualification Penalty special preventive effect significant advantages qualifications punishment should be retained. The second part of the Chinese and foreign qualifications criminal comparison. The part on the legal status of the foreign qualification criminal, content, scope and duration of these four aspects one by one, to have a deeper understanding of Qualification Penalty. In addition to the provisions on the legal status of most countries in the content, scope and duration of these three aspects with the provisions of the foreign there are many different country qualification punishments there is a general lack of targeted, further improved. Analysis of the third part of qualifying criminal legislation. From the the country qualification punishments legislative status quo analysis of the advantages and shortcomings of the country qualification punishments. The country qualification punishments, including deprivation of political rights and deportation of two similar provisions of other laws and Qualification Penalty mostly belong to the nature of the administrative penalty, in order to safeguard judicial harmonization, as well as the seriousness of the penalty, it should be up for the real qualification criminal . On this basis, focusing on the the the country qualification punishments Problems. First, incomplete types. Second, for a single way, lack the necessary flexibility. Then, Suitable for the lack of clear purpose. Finally, the eligibility criminal lack of incentives such as tax system. The recommendations improve our qualifications criminal is the fourth part of this article. That part of for country qualification punishments insufficient legislative proposals. From qualifications criminal penal system reconstruction and qualifications criminal system applying to the reconstruction of the two-pronged approach to explore the Improvement of the Qualification Penalty. In the qualification criminal criminal justice system, this paper considers the following adjustments: First, the \The the existing eligibility punishment \Disqualified criminal paragraph \Second, the addition of the \Scattered many laws and regulations in our country, deprivation or restriction of certain qualifications criminal integrated in the Penal qualification punishment system. Then, the introduction of \Finally, additional qualifications for the unit crime criminal content. In the application of the criminal qualifications system. First of all, the manner of application proposed using discrete system. Qualification Penalty applicable conditions after the introduction of the the Qualification Penalty discrete system, it must be clearly defined. Then, refine Qualification Penalty remission system. Expressly qualified in their sentence commutation range, make the appropriate provisions of the commutation period, the number of procedures.

Related Dissertations

CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
© 2012 www.DissertationTopic.Net Mobile