The Study Of The Criminal Occupational Prohibition System

As a new system of the "Criminal Law Amendment(nine)",the criminal occupational prohibition system can effectively prevent occupational crimes.Unlike traditional penalties,it has the essential attributes of security measures.Based on the dangerousness of the person,by depriving or restricting the perpetrator's professional qualifications,the general public's safety and social order can be protected and the purpose of special prevention can be achieved.The applicable conditions must meet the formal requirements and substantive requirements.The formal requirements should define clearly what is "utilizing occupational convenience" and "a specific obligation that violates professional requirements",and the "penalty" that is sentenced should be limited to interpretation as the principal punishment.In practice,attention should be paid to the specific application of each type of penalty.The connotation of"crime situation" and "prevention of the need for re crime" in the substantive requirements is very vague.The judge should closely follow the original intention of the prohibition of employment and strictly apply the prohibition of practice.If other laws or administrative regulations have provisions for prohibiting employment in the profession,they should adhere to the two applicable conditions for the prohibition of criminal practice,and the people's court shall refer to the application deadline for prohibition of administrative practice.Although the employment prohibition system is not a penalty,it essentially restricts or deprives the perpetrator's substantive rights.So we should give him the right to remedy.Elaborate on the enforcement procedures to protect the legitimate rights and interests of the criminals.