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Deprivation of political rights refers to the method of punishment that deprives offenders of their rights to participate in state management and political activities.

Deprivation of political rights refers to a method of punishment that deprives criminals of their right to participate in state administration and political activities for a certain period of time.

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In accordance with criminal law and other relevant laws ^[1]

Deprivation of political rights is a method of punishment that deprives offenders of their right to participate in state management and political activities. Deprivation of political rights is a kind of qualification penalty, which is based on the deprivation of certain qualifications of offenders. The deprivation of political rights in China's criminal law is based on the qualification of deprivation of political rights and has obvious political character.

According to Article 54 of the Criminal Code, the deprivation of political rights refers to the deprivation of the following four rights of criminals:

(1) Right to vote and be elected

(2) Right to freedom of speech, publication, assembly, association, procession, and demonstration

(3) Right to hold office in state organs

(4) The right to hold leadership positions in state-owned companies, enterprises, institutions and people's organizations.

From the perspective of criminal law, the deprivation of political rights can be applied in addition or independently.

1. Additional application of deprivation of political rights. According to Articles 56 and 57 of the Criminal Code ^[1]

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Article 54 The deprivation of political rights is the deprivation of the following rights:

(One)

According to Article 218 of the Criminal Procedure Law, deprivation of political rights is enforced by public security organs. Criminals who have been deprived of political rights shall, in the course of implementation, abide by laws and administrative regulations and the relevant regulations of the State Council s public security department on supervision and management, and obey supervision; they shall not exercise the rights stipulated in Article 54 of the Criminal Law ^[1] . At the expiration of the implementation period, the executive body shall notify me and publicly announce the restoration of political rights to the relevant people. Those who have been deprived of their political rights will regain their political rights under the law after restoring their political rights. However, some negative consequences of deprivation of political rights are not eliminated by the restoration of political rights. Such as not being allowed to serve as a judicial officer, etc.

carried out

Deprivation of political rights refers to a method of punishment that deprives criminals of their right to participate in state administration and political activities for a certain period of time. According to Article 54 of the Criminal Code: Deprivation of political rights is the deprivation of the following rights:

(1) the right to vote and to be elected only;

(2) The right to freedom of speech, publication, assembly, association, procession and demonstration;

(3) the right to hold office in a state organ;

(4) The right to hold leadership positions in state-owned companies, enterprises, institutions and people's organizations.

Other contents of deprivation of political rights are mainly ^[1] :

1) Applicable objects. According to Article 56 (1) of the Criminal Law: Criminal elements endangering national security should be deprived of political rights; intentional killings, rape, arson, explosions, dropping dangerous substances, robbery and other serious disruptions to social order Criminals can additionally deprive them of their political rights.

According to the provisions of the Supreme People's Court's Reply on the Deprivation of Political Rights of Criminals Who Intentionally Injured or Theft Seriously Disrupted Social Order: According to Article 56 of the Criminal Law, intentional homicide, rape, fire, explosion, danger Criminals who materially disrupt social order, such as material and robbery, can additionally deprive them of their political rights. For other crimes that seriously damage social order, such as intentional injury and theft, criminals have deep subjective malignancy, bad criminal circumstances, and serious crimes, and can also be deprived of political rights in accordance with the law.

Regarding the object of independent application of deprivation politics, according to the provisions of Article 56 (2) of the Criminal Law: In the case of independent application of deprivation of political rights, the provisions of this Law shall apply. It is mainly applicable to the criminal acts stipulated by the criminal law, but the crimes are relatively light and belong to ordinary participants in certain crowded crimes. The criminal law provides that political rights can be deprived separately. For example, some people have committed a crime of blatant insult to others, which has constituted a crime, but the crime is not harmful.

2) The deadline for deprivation of political rights. According to Article 55 of the Criminal Law ^[1] , the period of deprivation of political rights, except for the provisions of Article 57 of this Law, is one year to five years. Where a regulation is imposed for additional deprivation of political rights, the period of deprivation of political rights is equal to the period of control and shall be enforced simultaneously.

According to Article 57 of the Criminal Law: Criminals sentenced to death and life imprisonment should be deprived of political rights for life. When the death penalty is suspended or reduced to life imprisonment, the period for additional deprivation of political rights should be changed to three years or more and ten years or less.

3) Calculation of sentence of deprivation of political rights. According to Article 58 (1) of the Criminal Law: The additional sentence of deprivation of political rights shall be calculated from the date of imprisonment, detention or parole; the effect of deprivation of political rights shall of course apply to the execution of the principal sentence period.

4) Regulations that criminals deprived of political rights should abide by. According to Article 58 (2) of the Criminal Law: during the implementation period, laws, administrative regulations and the relevant regulations of the State Council s public security department on supervision and management shall be observed and subject to supervision; the rights stipulated in Article 54 of this Law shall not be exercised .

5) Enforcement of political rights. According to the Criminal Procedure Law, criminal elements sentenced to deprivation of political rights are enforced by public security organs. When the period of deprivation of political rights expires, the public security organ shall notify me and publicly announce to the relevant masses the restoration of their political rights. After the criminals have restored their political rights, they will enjoy the political rights granted to citizens by law. ^[2]