Research On Application Of Criminal Career Prohibition

Occupation Prohibition of the criminal law Is a preventive measure which against criminals sentenced a penalty of relevant occupation in a certain period,It belongs to the security measures essentially,with preventive specific,auxiliary characteristics.there is no corresponding judicial interpretation,it is necessary to play a guiding role to ban principles of practitioners,including relevance principle,the principle of necessity and proportionality principle in order to make clear its applying boundary;As a kind of the use of public power,which the risk of infringing upon the fundamental rights of citizens,so we must strictly grasp its applicable conditions,specific as follows: the premise condition is behavior person with professional facilities or violation professional requirements of the specific obligations and was sentenced to a punishment,Nature conditions are necessary to prevent it again;Qualification is other laws and administrative regulations to engage in related professional not prohibited or restricted regulation;In applicable procedures employed to ban all the content should follow the common criminal procedure,and should be declared with the penalty,while the offender can appeal,appeal,moratorium,terminate execution;Finally,we can add the unit as a practitioner banned the applicable objects,to make the crime prevention role play to the largest degree.