On The Occupation Ban In The Criminal Law Of Our Country

Occupational ban is decided by the people's court for a particular crime against the person making it in the relevant occupation within a certain period. Occupational ban has incident, at the discretion of the applicability and enforceability, social science and technology, economic development, legal system and continuously improve the product.Occupational ban for a particular crime, the crime is dangerous again the focus of preventive measures, it does not belong to the new types of penalties, nor is it eligible to punishment, but the security measures. And other laws and administrative regulations prohibit occupation compared to, in addition to the different legal nature, applicable to different objects, different purposes, different procedures apply, it also has a higher enforceable as law clearly stipulates:Vocational violate people's court decision to ban the circumstances are serious, the (refusing to implement the judgment of the referee sin) in accordance with the provisions of Article 313 of the "Criminal Law" convicted and punished. But it also has very strict application conditions:First, they must take advantage of the convenience occupational or breach of an obligation occupational requirements and the implementation of criminal acts, the second is to be sentenced, three are needed crime and preventing recidivism to decision.Occupational ban by prohibiting criminal law and other laws and administrative regulations, the provisions of the practitioners combined to more effectively achieve the purpose of crime prevention. But as a new criminal law provisions, prohibit occupation are still many problems in the judicial application, for example, who can lift people's court to prohibit occupation, implementation issues of how to implement the ban profession, occupation objection to the decision of the relief measures to prohibit and so on, these problems We need further exploration.The full text of four parts, about 20,000 words. The first part is an overview of the basic problems of occupational ban, including the concept of occupation prohibited characteristics distinguish barred from practicing with the provisions of other legislation, the legislative background and experience of extraterritorial legislation in these five areas. The second part details the various academic views on the nature of the occupational ban, discusses the career of administrative punishment prohibited by the security and its position in the Chinese Criminal Law. The third part is the detailed interpretation of the provisions of occupational ban law, including the legal requirements of the first paragraph occupation prohibited by the second paragraph in violation of the law and the consequences of occupation prohibited by paragraph 3 "shall prevail" understanding. The fourth part is prohibited occupation Reflections on some problems in the judicial application, occupational ban instituted, and declared occupational ban objection to the decision remedies, but also on how to implement the implementation of recommendations of occupational ban.