Research On The Criminal Prohibition System In China

On August 29,2015,the 12 th session of the standing committee of the National People's Congress passed the "criminal law amendment(16th meeting of nine",which is the new increase of the provisions of the occupational ban system to our current criminal law injected with a light sentence extremely color system.Including the provision of article due to the use of professional convenience committing a crime,or commit against job requirements,specific obligations,was sentenced to a punishment,the people's court may,according to the needs of a crime and preventing crime again,banned its since the execution or the date of parole as of the date of completion of related professions,deadline for three years to five years.Not be allowed to undertake the professional people in violation of any decision made by the people's court in accordance with the provisions of the preceding paragraph,give punishment by the public security organs in accordance with the law;if the circumstances are serious,shall be punished in accordance with the provisions of article three hundred and thirteen of this law to convict.Other relevant laws and administrative regulations,the occupation is otherwise prohibited or restrictive provisions,those provisions shall be followed." this in the theoretical circle is called "professional",is regarded as a kind of qualification penalty,and the death penalty,property penalty,freedom penalty,a kind of punishments in parallel.The new window caused the great attention of the whole society.As my new career,however,though prohibited shall be established in the law,but the docking problem existed and the practice application,first about the nature of the jobs prohibit unclear,theoretical injunctions,security measures,the punishment punishment measures said,qualifications punishment theory of four kinds of theories of controversy.The author thinks that professional banned from crime prevention and the social public security a preventive security measures.Second jobs prohibit applicable conditions,time limit,and execute a program for problems such as vague and ambiguous situation,must be paid to the analysis to clarify,also lacks the corresponding recovery mechanism.Finally,on "criminal law amendment of other relevant laws and administrative regulations,the occupation otherwise prohibited or restricted regulation,from the interpretation of its provisions.Therefore,in view of the above question discussion becomes the top priority.There is no doubt that for the establishment of "professional ban" will be in the lowest cost of judicial cases,the realization of the maximum penalty goal,deprived of occupation on the degree of the largest and most fundamental criminal recidivism ability,may even produce the deterrent threat of punishment more than prison.We must make it clear the nature of the occupation ban,his program and other laws and regulations and concurrence.Further weaken the actor and then the possibility of professional facilities as a means of committing a crime,is also working for other about administrative rules complement is prohibited.