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资格刑适应了现代刑罚理念,具有经济性和可恢复性等特点,与刑罚注重社会的一般预防功能的理念相契合,因而受到广泛推崇。有学者主张应完善和广泛构建资格刑体系。本文认为从刑法性质和法律体系的完善出发,结合我国现实国情,应严格限制资格刑适用范围和具体内容而非热衷资格刑体系的广泛构建与适用。
The qualification punishment adapts to the concept of modern penalty, has the characteristics of economy and recoverability, and is widely respected by the idea that the punishment pays attention to the general preventive function of society. Some scholars advocate that the qualification penalty system should be improved and extensively constructed. This article argues that starting from the perfection of the nature of the criminal law and the legal system and combining with the actual conditions of our country, we should strictly limit the scope and specific content of the qualification punishment rather than the extensive construction and application of the criminal penalty system.