Study On The System Of Forbid Taking Up Career In Criminal Law

The formal introduction of Criminal Law Amendment(9) brought people a new system- occupation prohibition, atypical system that leans towards light penalization and has thus caught the eyes of the society. However, difficulties abound in putting such system into practice. Specific research and analysis need to be done to solve the problem. To improve the practice of occupation prohibition in our judicial system, further studies about relevant issues need to be carried out and detailed rules need to be completed. By doing so, we can achieve better results in special prevention and social protection and thus effectively preventing recommitment.Under occupation prohibition, the government can deprive the criminals of the right to undertake specific occupations for a certain period of time. To achieve better results in special prevention, this system selects the theory of Comprehension as its foundation. Currently, there are four major theories in deciding the nature of job prohibition, namely, restraining order theory, security measures theory, non-penalty punishment theory, and qualifications punishment theory. As the existence of occupation prohibition is to restrict and take away the occupational qualifications of the criminals, most countries adopted the theory of qualification punishment, which is of referential meaning to China. Also Occupation prohibition should be practiced according to legal principle and proportion principle as well as to its targets, subjects and objects. However, according to current rules, the condition where occupation prohibition is applicable is still ambiguous. The enforcing party, enforcing procedure of the law and the remedial right of the acceptor are not clearly defined. These issues should be straightened out. Other relevant elements should also be improved, such as establishing the system of rights recovery, abolition of criminal record and the probation system.