On Occupation Prohibition In Criminal Law

Chinese sentence structure is heavy on the whole, and give priority to with imprisonment, the imprisonment, especially the disadvantages of short-term imprisonment penalty on the correct criminal is more and more obvious, is lighter punishment and rationalization is the inevitable trend of penalty changes. To keep up with the trend of the world penalty reform, at the same time, under the guidance of tempering criminal policy in China, the Chinese sentence structure is also in constant adjustment, at the same time of fully using the penalty method, also pay attention to the effective use of the penalty method. Convenient and in the judicial practice, the use of professional crime cases increasing, in order to prevent crime, safeguard the social public safety and social public interests, the purpose of \ "criminal law amendment(9),\" added professional prohibited provisions, and applicable to professional forbidden authority is the people's court, the applicable objects is convenient for using the professional implementation of crime and criminal offence against the specific criteria of the career, as well as professional ban the applicable deadline, in violation of the professional content such as the legal consequences of the rules. But professional ban on what is the nature of the, is a kind of qualification punishment, or is a penal punishment measures, or on the actual meaning of security measures, penal code is not specified, it also need us from career it is forbidden to place in the criminal law system, the application of the concrete and execution, the future direction of the development trend of comprehensive analysis. In addition,occupational ban \ "professional\" and \ "no\" in the concept of professional connotation and denotation, the executing organ, the applicable scope and administrative laws and regulations prohibited specified how to coordinate all have no,also need to continuously explore theory and practice. From occupational ban legislation background and purpose, the author first ban on employment reasons, has carried on the summary of the basic concepts, characteristics, and then to our country related professional theory forbidden properties may be elucidated on the basis of detailed, puts forward the professional banning with characteristics of security measures, and fully demonstrated, after determine occupational ban on nature, and then analyzes the career of concrete problem is prohibited. And with other criminal penalties and other professional prohibited provisions in laws and regulations, so as to reflect on its legislative problems and put forward the related legislation suggestion.