The Development of Qualification Penalty under the Property Punishment Expansion
Keywords:
Property-oriented penalty, Disqualification penalty, Professional banAbstract
In criminal law, property-oriented penalties and disqualification penalties serve as two primary categories of sanctions, widely adopted globally for their distinct proactive roles in preventing crime, compared to capital and incarceration penalties. After several amendments, China’s criminal law has gradually broadened the application of property-oriented penalties from covering traditional property crimes to including non-traditional ones, showing a clear trend of expansion. Presently, the Criminal Law Amendment (IX) continues to expand the list of offenses subject to property-oriented penalties, a trend not mirrored in the development of disqualification penalties. While "occupational prohibition", a new addition in the Criminal Law Amendment (IX), stands out as a key example of disqualification penalties, marking its special significance, the evolution of disqualification penalties has not been sufficient, especially against the backdrop of expanding property-oriented penalties in China, where it remains somewhat immature. Therefore, by expanding the types of disqualification penalties and refining their detailed provisions on the existing basis, their potential in effectively controlling and preventing crime could be significantly improved.
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