On The Application Of Professional Prohibition In Chinese Criminal Law

The people rhythm of life more and more was in recent years quick,the occupation division of labor was more explicit,on the one hand the people enjoyed the convenience which the occupation division of labor brought,on the other hand professional crime danger also following,the use occupation was convenient,is engaged in the criminal activity the case to increase day by day.For the better prevention this kind of case crime person once more crime,"Criminal law Bill for amendment(9)"increased one "the occupation prohibition" the stipulation.As one kind of new legal regime,in the judicial practice has many disputes and the question.In order to in the practice the better display its prevention crime function,conducts the research and the discussion to the occupation prohibition is suitably extremely essential.This article the first teacher who decides by Shanghai invades the occupation prohibition document is an angle of view,the problem which through the case introduction,the court decision result,summarizes this case in to be suitable which in the occupation prohibition process to have the dispute and appears.Based on analyzing these problems,put forward countermeasures and suggestions.Although these suggestions relatively shallow,but I hope this can be beneficial to the judicial practice.Disputes and problems existing in the application of three points.One is the scope of prohibited occupation is not clear.The law does not specify,which can be used to prohibit occupation occupation.This led to the judge,not a unified understanding in the process of handling cases.The same occupation behavior,different judges,or apply or not apply.This is contrary to the law,equality is prohibited.Two,implementation is difficult.No occupation occupation is different from the penalty,it does not restrict the physical activity behavior of human freedom.If the behavior of people flow in employment ban industry period,continue to implement the ban will be subject to geographical restrictions occupation.The three is to ban the legal relief understanding is not consistent.In the affairs of the people,especially the judicial investigators,there is a lack of understanding of the law of the prohibition of occupation,and there are differences in whether or not to appeal against the prohibition of the professionIn view of the above three questions,put forward following three individual proposals.One is,is clear about the occupation prohibition the applicable scope.The our country professional type is multitudinous,not the impossible all occupations all to be possible to be suitable the occupation prohibition.The professional type should be clear about,concretely,cannot too be broad.Regarding loses the professional qualifications legally the public service class occupation,may the selective absorption.Regarding loses the professional qualifications legally,also has not continued to be engaged in this profession or the correlation profession possible,may notapply.Two is,the perfect occupation forbids the inspector general and carries out the system.In order to explain carries out the difficult question,may hand over the occupation prohibition by the professional department responsible for the work is responsible.In addition,but also must through many kinds of ways,strengthen to professional suppresser's afterwards surveillance.The three is not prohibited to appeal,occupation,protest,prohibition of occupation complaints.If applicable,the applicable deadline,any ban industry scope,can appeal to the court of appeals,to protect their own interests.At the same time,the procuratorate can also protest.