"Deprivation of political rights" is an additional punishment stipulated in China's criminal law. It is the people's court that deprives criminals, as citizens of the country, of their right to participate in state administration and engage in political activities in accordance with the provisions of the criminal law.
The content of political rights mainly includes four aspects: election and the right to be elected; Citizens' right to freedom of speech, publication, assembly, association, procession and demonstration; The right to hold posts in state organs; The right to be the leader of state-owned companies, enterprises, institutions and people's organizations.
There are three main reasons why deprivation of political rights is applied to some criminals in addition or separately:
First, criminals who endanger national security and seriously undermine social order are mainly because such crimes are intentional crimes, with strong subjective malice and great social harm. For these criminals who are hostile to and despise the state system and social order, the state will of course deprive them of the right to engage in political activities and participate in state management according to law, because if they are not deprived of their political rights, they may continue to engage in criminal activities by taking advantage of their right to participate in political activities.
Second, criminals sentenced to death or life imprisonment are additionally deprived of political rights, which can prevent them from using their political rights to engage in criminal activities after being pardoned or paroled.
Third, depriving some serious criminals of their political rights can prevent others from exercising certain political rights on their behalf, such as publishing declarations and works in the name of criminals.
Citizens' political rights are endowed by the Constitution, and they shall not be deprived in any form without the judicial judgment of the people's court. Political rights cannot be inherited or transferred. A person sentenced to deprivation of political rights cannot apply for exemption unless the people's court decides to reduce his sentence or revoke the supplementary punishment. You can't apply for other punishments instead.
After being deprived of political rights, criminals also enjoy civil rights and the right to appeal and appeal against judgments according to law. If there is an invention, you can entrust others to apply for a national patent, or you can entrust others to transfer it with compensation to realize its property interests.
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