论文部分内容阅读
复权制度是资格刑中的一项重要刑罚消灭制度,形成于19世纪末。由于这项制度能更好的保障受犯罪嫌疑人的权利,使其再次恢复其公民的权利,其已被应用于多数国家的刑法及司法中。复权制度具有一定的必要性及合理性,我国的刑罚应将其引入,以全面发挥资格刑在刑法中的功能,从而不断完善我国的刑法。本文简单阐述了复权制度的基本含义,以及我国刑法中制定复权制度的必要性,详细讲解复权制度与其他制度的差异性,最后重点介绍我国复权制度的构建过程。
The system of reinstatement is an important penalty elimination system in the qualification punishment, which was formed at the end of 19th century. Since this system can better guarantee the rights of criminal suspects so as to resume their citizens’ rights once again, it has been applied to criminal law and judicature in most countries. The system of reinstatement has certain necessity and rationality. Our country’s penalty should be introduced in order to give full play to the function of the qualification punishment in the criminal law so as to continuously improve our criminal law. This article simply expounds the basic meaning of the system of reinstatement and the necessity of formulating the system of reinstatement in China’s criminal law. It also explains in detail the difference between the system of reinstatement and other systems. Finally, it mainly introduces the process of building the system of reinstatement in our country.