The Research On Occupational Prohibition System

Occupational prohibition system was ruled in criminal law as a new non-penalty punishment measure stipulated in criminal law.This system can not only enrich the implementation of China’s criminal responsibility,but also effectively prevent crime.But as a new system,its status in criminal law and the nature has not been made clear provisions in the relevant legislation.There are two main theories of occupational prohibition system’s nature in the academic circle including the theory of punishment and the theory of security measures.But the two theories cannot adapt to the judicial practice of our country,which cannot use it to guide the judicial practice.At the same time,the scope of "occupational" in the system of occupational prohibition,to the condition of "period",and the provisions of the applicable objects are not clear,which is most likely caused contravention of humanity,extra penalty and difficult of judicial application judicial application.How to correctly understand the necessity of setting up occupational prohibition system,occupational prohibition system can truly have the crime prevention effect and how to apply the law in the judicial practice,is the problems focused by scholars currently.It is imperative for criminal law to correctly understand the rules of occupational prohibition system,define the nature of the occupational prohibition,make the relevant rules of occupational prohibition perfect,add the system of recovering right,enacting legislation or judicial interpretation timely.