金融犯罪资格刑取代“准资格刑”的必然性分析

The Analysis of the Necessity for Qualification Penalty Replacing “Quasi Qualification Penalty” of Financial Crime

一直以来,针对在刑罚体系中增设资格刑的问题,学界争论不休。金融犯罪因其职业密切性、手段隐蔽性强的特点,对其增设资格刑以加强特殊预防的呼声一直存在。虽然金融法律法规中现存的"准资格刑"处罚客观上也起到了限制金融犯罪人再犯能力的作用,但增设资格刑是提高刑罚针对性和统一性的必然选择,也更加符合刑罚轻缓化的发展趋势。

The issue of adding qualification penalty in the penal system has long been me subject of academic debate. Adding qualification penalty to financial crime in order to strengthen the special prevention has always been an appeal because of its professional closeness and method of strong concealment. Although the present ＂ quasi qualification penalty＂ punishment in the financial laws and criminal who commit the regulations can also objectively play the role of limiting the financial crime again, adding qualifi improve the pertinence and unity of the penalty and cation penalty is the inevitable choice to conform to the tendency of mitigation of punishment.