On Research Of Occupational Prohibition System

On November 1,2015,the new amendment of the criminal law of the People's Republic of China(9)has come into effect,one of article 37 added a new system of occupational prohibition.The amendment of Criminal law(9)has improved the provisions of the preventive measures for those criminals who use their convenient to committing a crime or go against the specific requirements of professional obligation.According to the needs of a crime and preventing crime again,the people's court can banned to engage in the related field from the date of the punishment has been completed or the date of parole.The period is three years to five years.There is no doubt that the establishment of occupational prohibition will be beneficial to promote the realization of the non-penalty effect,reduce the judicial cost,for the most part deprive recidivism ability of part of criminals,even bigger than the penalty on its deterrent.But this measure provides in the criminal law for the first time in our country that the theoretical study and practice will exist many problems,is worth further research.This article discusses through its qualities and the issues of the judicial application,to help understanding and implementation of the occupational prohibition system.Besides the abstract and epilogue,this article consists of four parts.The first part is an overview of occupational prohibition system.Briefly analyzes mainly aiming at legislation background,legal concept,qualities,significance of professional prohibition and the distinction with similar systems.The second part investigates the legislation situation of occupational prohibition system in foreign countries and the reference of typical countries and regions are expounded and analyzed.The third part mainly analyzes the provisions and problems with occupational prohibition system existing in Chinese criminal law,respectively from the applicable objects?virtual conditions?penalty condition penalty content and execute of the occupational prohibition system.The fourth part puts forward some opinions to the perfection of occupational prohibition system in Chinese criminal law,mainly including applicable objects,the applicable basis?remedial measures?executive organization and so on.