Study On The Application Of Prohibition In Criminal Law

At present,the rapid economic development has led to the development of society,which is not only the growth of material wealth,but also a series of social problems also emerged.In order to prevent the use of vocational convenience and the breach of professional obligations of the perpetrator after the punishment to continue to engage in the original occupation will crime again,the Criminal Law Amendment(ix)will be a new system-the practice of prohibiting the inclusion of the people’s Court in order to achieve the prevention of crime,The purpose of maintaining social stability and the use of professional convenience or breach of professional requirements of specific obligations to commit crimes as a prerequisite to prohibit the perpetrator in a certain period of time engaged in the relevant occupation decision.Through this kind of penalty establishment,has enriched our country’s criminal law sanction pattern.Before the prohibition of practice in the amended nine of the criminal law,there are also many articles of law or regulations involving the restriction of the conduct of the practitioner in the administrative law and other laws and regulations of our country.However,there are many differences between the practice prohibition in criminal law and the regulations in administrative law,such as the applicable objects,deadlines and the legal consequences of the provisions.At present,Chinese scholars have different ideas on the qualification of the prohibition of employment such as security measures,the difference between the penalty,the practice of prohibited nature of the cognition will affect the actual operation of the system.In addition,the establishment of employment prohibition system is not a new thing in foreign countries,Germany,Italy,Switzerland,Russia and other countries have practices prohibited provisions,some of them will be prohibited by the practice of security measures,some of them as the main penalty or additional punishment,in the application also has different provisions,we can learn the foreign experience to gradually improve our system.The application of employment prohibition should be based on the personal danger of the perpetrator and the degree of danger to the social profession,when the perpetrator has a larger subjective malignancy,and will again use the convenience of the original occupation to commit the crime,it is necessary for the court to make certain restrictions.From the current jurisprudence,the Court applies to prohibit the practice of sexual abuse of children’s teachers,which also shows that the application of the prohibition system for this kind of personal dependence and need professional knowledge of the profession is of great benefit,it can play a clean and maintain the effect of professional order.In the specific application of prohibition,there are a lot of details need to be clear,such as the prohibition of employment prohibited in the scope of occupation,how to assess the risk of life of the perpetrator and its harm to the industry,determine the executive organ after the court sentencing and so on.When the perpetrator violates the practice prohibition stipulated by the Court,he should not only be punished according to the law,but also make clear the obligation of the relevant employing unit,if the employing unit still employ the feason while knowing he has declared the employment prohibition also must accept the corresponding punishment measure.The practice prohibition restricts the perpetrator to carry on the specific occupation,has certain influence to the successful reintegration after the perpetrator concludes the punishment,therefore also needs to consummate the appeal and the rehabilitation system to protect the perpetrator’s relevant legitimate right,prevents the court to abuse the power.Only to understand these problems,we can guarantee that the practice prohibition system can exert the good effect of preventing crime.