analysis of the crime of corruption qualification penalty perfect research（分析腐败的犯罪资格刑的完善研究）.docVIP

Analysis of the crime of corruption Qualification Penalty perfect research Abstracts corruption crime based duties behavior, Qualification Penalty in setting its penalty should be set as a basic penalty. Qualification punishments set is not just a simple penalty, but should be a penalty with a gradient of its content should also contain mere deprivation, the permanent deprivation as well as the right to re-number. The paper keywords corruption crime qualification criminal gradient The corruption crimes against the public trust justice to the behavior of the national staff positions, and this trust is derived from the trust of the public national public powers conferred by the national public authority that is from natural point of view, state power is fairness and justice, when it appears unfair or unjust situation, is not caused by the public authority itself, but due to the execution of power - national staff misconduct caused the result is an important factor in such misconduct is corruption. Judging from this level, to eliminate the national public authority to perform the most direct way of improper state is deprived of improper execution of public authority, it is deprived of its own public eligibility of power, but that this is the most direct method in China’s criminal legislation in a relatively weak state, therefore, enhance the qualifications of corruption crime criminal settings is an important job qualification punishment, also known as the honorary punishment capacity punishment or the rights of criminal qualifications punishment for certain positions or business conditions to the implementation of the appropriate criminal penalty. qualification punishments set on the one hand to corruption crime criminal penalties, at the same time be able to effectively preventing corruption crime again generated. Qualification Penalty set of legislative defects The crime of corruption is the most typical duties crimes eligible for use in the job type