Ban System Of Criminal Law Applicable Studies Specific Profession

"Criminal law amendment(9)for the first time would ban formally incorporated into specific profession category of criminal sanctions,then specific profession ban as an institutional innovation in the criminal law of our country.When creating a system to be applicable to the judicial practice,the most fundamental is to determine the connotation of the system characteristics,theoretical basis and its legal attribute.For a particular career now prohibited connotation is controversial,there is controversial because the legal attribute of this system is controversial,the current "criminal law amendment(9)" regulation of specific profession ban,some scholars in China to define the legal attribute of penal system,some scholars will be defined as security measures and put forward the idea of building security measures in our country,but from the perspective of interpretation of criminal law and punishment system,the legal attribute of specific profession prohibit ought to belong to the non punishment measure.About the theoretical basis of this system,although there are some scholars study of specific profession banned,but usually only stay in specific profession prohibit literal description,few scholars for this system to establish the theoretical basis of in-depth study on it.Jia Changsen scholars from the Angle of modesty in its judicial application,but not regular punishment of criminal law thoughts and humanitarian thought for the emergence of specific profession forbidden system provides the theory basis of legislative also contributed."Criminal law amendment(9)on the application of the specific profession prohibit condition is quite simple,for example,for a particular career banned conditions applicable objects are two kinds,namely the use of professional convenience of committing a crime the offender,and violated the professional requirements of criminal obligation of committing crimes,but for the specific object conditions,what kind of professional person have no specific provision.The essence of the specific profession prohibit condition and the penalty is the same,only is stipulated according to the needs of the perpetrators of crime andpreventing crime again or prohibit the offender from punishment has been completed as of the date of parole specific profession to ban the actor’s career,but for the standard of the crime even if China’s criminal law provisions of all punishment is a specific profession no punishment,that there is uncertainty,but can draw lessons from the relevant similar system,such as the rules of the order to improve the specific profession is prohibited.About specific profession prohibit the applicable procedures,the provisions of article 37 of the criminal law in our country at present,does not make it get well implemented in the judicial practice,and this system also produces some problems in the process of applicable,for example,a specific occupational ban system executive authority is the people’s court or the public security organs,if the law to understand the meaning of the literal as both are available.Moreover,its applicable to the program,the trial program,supervision,also does not have clear rules,which can be from a particular career prohibited legal attributes and its own characteristics,the applicable procedures can be requested from the commutation and parole system,mutatis mutandis,trial procedures and supervision for research.For general violation of administrative punishment of the perpetrator of specific profession prohibit to take measures,for severity violate specific profession prohibited behavior person need to adopt measures to criminal penalties.But the definition about the serious situation,as well as the relationship between criminal law and its legal relationship exists competition and cooperation in the third paragraph of article 37 of "from its" how to understand are fuzzy uncertain.As a result,can be reference to the provisions of the ban,as well as other legal provisions on specific profession is prohibited,the specific profession prohibit the legal consequences for interpreting research.Anyhow,specific profession prohibit criminal sanctions of criminal law not only makes the model more diversified,and in the judicial practice also limit for convenient use professional commit the crime or imposed against professionalrequirements of the specific obligations and engaged in the criminal offender,within a certain period of time is engaged in the related professions,is conducive to better defend social,prevent the happening of the crime.