Study On The Application Of Occupation Prohibition In Criminal Law In China

Occupation prohibition has been added to the latest edition of the "Criminal Law Amendment(nine)",changing the administrative restriction into judicial measure,which makes the occupation prohibition much stricter.This law is of great importance in that it deals with crimes which are committed by taking advantage of occupation.Occupation prohibition is not a penal punishment,nor is the system of the correction and security measure.To apply occupation prohibition,firstly,it is necessary to analyze some concepts,for example,the concept and scope of “occupation”,“ related occupation”.Secondly,the question that how to count the duration should be clear.In order to establish systematic occupation prohibition,it is necessary to understand the party concerned and apply creative way to carry it out as well as build the multiple supervision system including the legislative department and the social parties.As for those who need the help to protect their rights,the defender can appeal for occupation prohibition,and it can be applied to appeal without increasing the punishment.Meanwhile,the prosecuting authority has the right to protest and the system on the regain of the occupation should be established.The thesis discusses the application of occupation prohibition in our country on the basis that it is non-penal punishment,and the main contents include the understanding of the major concepts on judicial application,the establishment of the application system and the aids for the party concerned.