Study On China's Criminal Prohibition System

Since the promulgation and implementation of the “Criminal Law Amendment(IX)”,the application of the occupational prohibition in China's judicial practice has been more than two years old,and the occupational prohibition formally included in the scope of criminal sanctions measures is also the first time in the history of China's legislation,in judicial practice.There are no precedents to follow,so it is very important to grasp the scope and conditions of the application of the occupational prohibition system,so that the purpose of the initial establishment is the focus of the moment.Occupation prohibition system is included in the criminal law for the first time in China,but it has been applied abroad for a long time.The recognition of occupational prohibition varies from country to country in legal theory and legislation.This article conducts statistical analysis on all the 101 judgments that have been prohibited by occupations since the promulgation and implementation of the “Criminal Law Amendment(IX)”,which was collected from the China Judgment Document Network(from the date of the implementation of the "Criminal Law Amendment(IX)" to October 2,2017).Summarize the characteristics presented therein,and analyze the characteristics of the professional prohibition system in combination with the characteristics of the penalty and analyze the application of the occupational prohibition.In addition,this article combines the specific cases in judicial practice and analyzes the case to find out the unclear definition of professional prohibition in the judicial practice in China and the application of the prohibited person in the prohibition period.Sexual review of issues such as imperfections.Due to the fact that the application of professional prohibition in China's judicial practice is short in time,the case data are not complete enough to specifically discuss the issue of professional prohibition in the actual implementation.Therefore,in the subsequent discussion of the article,the academic prohibition on the profession is prohibited.Other issues are discussed.In the discussion of the issue,the "provisions from its provisions" in the last paragraph of Article 37 of the Criminal Law are discussed on the application of occupational prohibition in criminal law in the application of non-criminal laws and regulations.In addition,this article analyzesthe relevant legislation on extraterritorial criminal occupation prohibition,the non-criminal laws and regulations on occupational prohibition in China,and the provisions on occupational prohibition in China's criminal law,analyzes the issues that need to be faced in the development process of China's occupational prohibition system,and The criminal profession prohibition system proposes.Therefore,this article thinks that the problems faced in the development of China's criminal professional prohibition system are as follows: First,the scope of “professional” in occupational prohibition is not clear.The second is that the "professional convenience" and "professional duty" provisions in the "provision of making use of professional convenience crimes or breaching professional obligations" in the legal provisions are not clear.Third,the“penalties” found in “legal punishments” in the legal provisions are not clearly identified,leading to questions about the application of professional prohibitions.Fourth,the remedy measures for people who are prohibited in the occupational prohibition are incomplete.Fifth,the enforcement system for the professional prohibition in judicial practice is not perfect.In response to the above problems,the article finally put forward corresponding opinions and suggestions.