宽严相济刑事政策背景下我国资格刑的新解读

在我国，构建社会主义和谐社会已成为最强烈的时代主题。适应构建和谐社会的需要，宽严相济的刑事政策应时而出。这一刑事政策体现了以人为本的人性化色彩，在刑罚结构上其指导思想是轻缓。我国目前重刑化的刑罚结构不利于该政策的实施。就资格刑而言，其对某些犯罪的惩罚与预防是足够的，并且具有积极的刑事政策价值。而我国刑法中的资格刑存在着内容设置不科学、缺少剥夺行为人特定职业资格等问题，应当进行完善。

New Interpretation on Punishment of Ripping off Qualifications in the Backdrop of China's Criminal Policy of Combining Leniency and Harshness

In our country, building a harmonious socialist society has become the strongest theme of the times. To adapt to the needs of building a harmonious society, the criminal policy of combining leniency and harshness has been kept out. This criminal policy reflects the people-oriented human color, and the guiding ideology in the structure of penalty is gentle. At present, China＇ s heavy-penalty structure is not conducive to the implementation of this policy. As to punishment of ripping off qualifications, its prevention and punishment is enough to some crimes, and has a positive value of the criminal policy. In China＇ s criminal law, punishment of ripping off qualifications should be perfected, because of the not scientific structure of its content, lacking of deprivation of persons＇ specific professional qualifications and so on.