Research On The Application Of Criminal Occupation Prohibition

The Sixteenth Session of the Standing Committee of the National People's Congress adopted The Amendment ? to the Criminal Law of the People's Republic of China on August 29,2015.Provision of prohibition of practitioners is added to Article 1.Provision of prohibition of practitioners is that “Whoever is sentenced to criminal punishment due to a crime committed by taking advantage of his profession or a crime committed in violation of the specific obligations required by his profession may be prohibited by a people's court,based on the circumstances of the crime and the need for prevention of further crime,from engaging in the relevant profession within five years from the date when the criminal punishment ends or the date when he is released on parole.” The promulgation of the law marks the criminalization of prohibition of practitioners."Criminal prohibition of practitioners" which rises from the "administrative prohibition of practitioners" has milestone significance.It not only further perfects the content of criminal punishment measures in our country and can further exert the role of the general prevention and special prevention of the criminal law.However,"criminal prohibition of practitioners",as a new legal provision,has many problems in understanding and practice.This paper is divided into five parts to discuss the understanding and application of the prohibition of criminal practitioners.The first part puts forward some questions about the nature of the prohibition of criminal practitioners which bases on a case,such as the question of the relationship between the prohibition of administrative practitioners and the prohibition of criminal practitioners and the question of the lack of relief.The second part argues that the nature of the "prohibition of criminal practice" should theoretically be punishable by security because its legitimate and legitimate application is based on the answer to the nature of the prohibition of criminal practitioners.The third part responses to the question of the relationship between the prohibition of administrative practitioners and the prohibition of criminal practitioners,and answers the understanding and application of "complying with its provisions ".The fourth part discusses the specific application of the prohibition of criminal practitioners from the subject conditions,substantive conditions,penal conditions,prohibited content and prohibition period.This paper further specifically and comprehensively discusses the prohibition of criminal practitioners under the application conditions in the existing laws and regulations.The fifth part discusses the right to relief from the prohibition of criminal practitioners,and theoretically discusses the contents and procedures of the right to relief from the prohibition of criminal practitioners.