附加剥夺政治权利的具体适用问题探讨  

Discussion on the Application of Criminal Deprivation of Political Rights

作　　者：何丽娜[1] 

机构地区：[1]华南理工大学法学院,广东广州510006

出　　处：《华南理工大学学报（社会科学版）》2015年第5期72-78,共7页Journal of South China University of Technology(Social Science Edition)

摘　　要：为防止附加剥夺政治权利过剩,应当对其适用的内容和对象上加以限制。对缓刑附加剥夺政治权利以及假释期间附加剥夺政治权利的认定、计算和效力等具体问题,应当在刑法条文规范和统一的基础上提出符合制刑目的的处理方法。主刑执行完毕之后,附加剥夺政治权利执行期间重新犯罪应当定性为数罪并罚,对尚未执行完毕的附加剥夺政治权利刑期的计算和效力应当作以明确规定。此外,附加剥夺政治权利可以尝试减刑制度的设计。In order to prevent the excessive additional deprivation of political rights,it should be restricted in the content and object of their application. To the specific issues of the identification,calculation and effect on the probation of additional deprivation of political rights as well as the additional deprivation of political rights during the parole,it should be put forward an approach which meets the purpose of making criminal punishment on the basic of norms and unity of the penal codes. It should be labeled as the combined punishment to re-crime during the execution of additional deprivation of political rights,and it should be clearly defined to the calculation and effectiveness of the term of penalty of the additional deprivation of political which has not yet executed after the principal penalty was finished. In addition,the design of additional deprivation of political rights can also refer to the commutation system.

关 键 词：政治权利 附加剥夺政治权利 缓刑 假释 减刑 

分 类 号：D924.12[政治法律—刑法学]