The Cognizance Of The Crime Of Taking Advantage Of The Professional Convenience In The Prohibition Of Employment

The thirty-seventh articles of the criminal law stipulates that the circumstances in which the employment ban system is applicable is the crime of using professional facilitation to commit crimes".No working system is a kind of non criminal punishment measures,its purpose lies in realizing special prevention in crime after the punishment,no related occupation engaged in,cut off the possibility to continue the implementation of crime,crime prevention to facilitate the use of occupation crime.In the application of the prohibition of employment,the need for the use of occupational facilitation to implement a clear definition of crime,so as to achieve the statutory principle of crime.Employment prohibits the use of occupational facilitation in the implementation of the crime,in which the occupation must be a natural person engaged in a clear and specific,legitimate and legitimate occupation.The categories of occupations should be referred to the standard of the classification of occupations in the People's Republic of China vocational classification ceremony,so as to realize the modesty of the criminal law.The use of "subjective" shows that the perpetrator has a criminal intent mentality,in the objective of using professional use,control,management,handling of a thing or technology convenient conditions for the implementation of criminal acts.In criminal law,occupation and position and status are different,but occupation and work are not different.The use of occupational facilitation in the implementation of crime is also a normative value judgment,for the use of professional facilitation of the implementation of the crime ban practitioners,that is,to protect the corresponding legal interests.The criminal is applied by practitioners prohibited occupation is a prerequisite for the implementation of the crime,the causal relationship between the behavior and the harm result harm behavior,occupation,occupation by the plot to facilitate the crime shows the social harmfulness of crime,and the perpetrator of occupation to facilitate the crime show personal danger.It is also associated with the personal dangerousness of the perpetrator.There is a causal relationship between the use of occupational convenience and the harmful behaviors and harmful outcomes.The use of occupational conveniences includes the use of vocational skills,the facilitation of the use of tools used in professional activities,the facilitation of the use of work,and the utilization of the occupational facilities that will be available in the future.However,the use of occupational facilities is not the use of past occupational conveniences,nor is it the use of other people's occupational facilities.Although it is not stipulated in the crime constitutive requirements of the specific provisions of the criminal law,the use of occupational facilitation has not been stipulated in the criminal law.However,as a suitable condition for the prohibition of employment,it must be considered in practice and how to apply it.