Research On The Application Of The System Of Occupation Prohibition

In the process of advancing process of our rule of law,criminal law concept has been gradually achieve retribution doctrine of crime to crim e prevention of socialis t transformation,that is in keeping with the current trend of the development of.As a result,the qualifications punishment in present criminal law system has been gradually cannot meet the needs of social dev elopment,whether in the penalty set of content,scope,applicable conditions and related design aspects of the program,workers has caused the judicial practice and academic experts thinking,especially in the field of duty crime and economic crime,will ban system into the cr iminal law s ystem,to supplement the shortage of the qualification penalty and the absence of the realistic significance of the system has become an important consensus of judicial practice and theoretical circle in our country,in this context,the law of the People's Republic of China criminal law amendment(9)"hereinafter referred to as th e" criminal law amendment(9))to include professional ban system formally in our country' s criminal law system conform to the development of our times,to further perfect the system of criminal sanctions,make up for the lack of qualification penalty set.The provisions in the criminal law prohibiting the occupation of punishment,is the vast majority of the world countries and regions.The practices of the cr iminal law amendment(nine)"one of thirty-seventh additional,can be said to fill our long-standing legislative gaps,and in practice greatly increased the co st of crime,objective to play deterre nce and prevention effect.However,this provision is not perfect,compared with other relevant occupation prohibited crim inal legislation,there are s till some development and improvement space.At present,China's theoretical circles for the views of the nature is not a prohibited occupation,the occupation prohibition of right relief measures have no clear legal regulations How,in the application of occupation prohibited procedures,to further refine the proposed declaration of the system program,the pro curatorial or gans to exercise oversight responsibilities to prohibit the application of occupation,these are the difficulties in the judicial practice of our country,is the important direction of research in the field of analysis.This paper aim s to analyze the sp ecific content of the system into the cr iminal law system after the occupation prohibition,to prohibit occupation system setup,improve the conditions of the use of perspective,and ultimately improve the system of perfecting our country's occupation to ban the fundamental direction of research on this problem.Besides the introduction,the full text is divided into the following four parts first.Part is the research on the basic theory of the system of occupation is prohibited,including the definition of the system,and to distinguish be tween related concepts,principles and so on.Through the analysis of these contents,can be found at present in our country,the starting point for the prohibition of occupation problems,because the basic theory is the starting point of the legal issues,so the Part is the logical starting point of the study;the second part is the definition of the occupation prohibition applicable conditions of the system,including the application of the theory basis,the system of the premise,the suitable object conditions,clearly defined these occupation prohibition system constraints,which can m aximize the value of the system,and can avoid the legitim ate rights and interests behavior of the da mage,in conformity with the provisions of the applicable principles;the third part is to prohibit some problems of applicable procedures and le gislation in the system of oc cupation,and the problems in the program settings of the supe rvision procedures such as res triction,declaration time,lack of relief measures,and put forward the corresponding Improvement suggestions;fourth part,this part is the key part of this thesis,mainly based on the reality of our country,for the special case in the judicial practice under the system of prohibition and other related occupation punishment measures the problem of concurrence in violation of prohibited occupation responsib ility to solve the problem s,so as to be able to f rom the legislation,the program is set to the im plementation of the system provides three aspects related to the refinement,in order to our country occupation prohibition system.