The Research On Occupation Injunction In The Amendment ? To Criminal Law

Before Amendment ? to Criminal Law,there is no occupation injunction in Criminal Law,only control injunction and probation injunction in Amendment ? to Criminal Law,so this is a breakthrough in criminal law in our country.Occupation injunction is based on two criminal theories and one criminal policy:special prevention theory,penalized individualization theory and temper justice with mercy.Occupation injunction is a measure that the court prohibits criminals who make use of professional convenience or go against specific obligation of profession to engage in related occupation.Occupation injunction is conducive to prevent second offense,protect the public interest,complete non-penalty punishment measure of our country and make the penalty system more scientific and reasonable.However,theoretical exploration and judicial practice of occupation injunction in our country is in the budding stage,it will be completed space.This paper is based on occupation injunction's meaning,theory evidence,importance,the author hold the view that occupation injunction should not be defined as a kind of qualification penalty,but a kind of non-penalty punishment measure with the nature of security measure.Through the investigation to nature and legislative status of different regions,author takes judgments of occupation injunction of Website of The Supreme People's Court of The People's Republic of China as example and analyze,and then points out the shortcomings and put forward some suggestions for further improvement.Theoretically,many scholars supported put it into qualification penalty system before occupation injunction appeared in criminal law,judging from the overseas legislation,occupation injunction has been brought into qualification penalty or security measures and both of them,but it is unreasonable from the perspective of restraint of punishment and penal sanction system.In fact,implementation of occupation injunction is provided only by a single clause in criminal law,some words is not defined,such as "occupation","specific obligation","related occupation",the absence of related judicial interpretation results in confusions in judicial practice.From an empirical point of view,judicial application rate of occupation injunction is not high,even low,there is confusion between occupation injunction and probation injunction,so it's necessary to illustrate the meaning of "occupation",the relevance of "specific obligation",the range of "related occupation","circumstances of aggravation",to perfect enforcement organization and supervisory authority,to perfect flexible provision of occupation injunction and condemnation proceedings,to illustrate the application situation of occupation injunction.