Study On The Occupational Prohibition In Criminal Law

In judicial practice,there are increasing numbers of cases involving the use of the profession to facilitate the commission of a crime or the enforcement of a specific obligation to breach a professional requirement.And confined to the traditional system of punishment design,to curb such crimes seem powerless.Objectively,China's penal measures are based on the basis of punishment,and preventive measures in our criminal code is still paid.In order to adapt to the change from the sentencing penalty to the punishment concept of the prevention of punishment,August 29,2015 the twelfth session of the Standing Committee of the Twelfth Review of the "Criminal Law Amendment(9)",the first new occupational prohibition.The establishment of this precautionary measure will help to compensate for the shortcomings of the penal system and to meet the need to combat crime.However,China's criminal occupation prohibition system has just been set up,the existence of the nature of the positioning is not clear,the specific conditions and scope of the application is not clear,and other administrative laws and regulations and other issues need to continue to explore the theoretical and practical circles.Specifically includes the following three parts:Part 1,Occupational Prohibition Overview.First of all,on the meaning of the addition of professional prohibition,I think it has three meanings:first,to make up for the lack of our system of punishment;second,improve our crime prevention system;third,the effective integration of China's legal prohibitions.Second,the nature of the prohibition of professional discrimination.Finally,the author believes that the professional prohibition in our criminal law should belong to the security punishment,and from the positive and negative aspects of the argument.Part 2,the application of professional prohibition.First of all,the application of the prohibition of professional prohibition,mainly refers to the association of occupation and crime and sentenced to punishment,in which the relevance of occupation and crime specifically for the use of professional convenience to implement the crime and the implementation of violations of professional requirements of specific obligations of the crime.Secondly,the basis for the prohibition of professional prohibition is mainly to analyze the situation of crime and the need to prevent further crimes and the comprehensive judgment between the two.Finally,the specific application of the prohibition of occupation is mainly to define the scope of application,namely,"relevant occupation",analyze the applicable period and point out the drawbacks of the existing term determination mechanism and its suggestions for improvement.Authority and its reasons.Part 3,the occupation of the criminal law prohibits the non-criminal laws and regulations of the relationship between the prohibition of occupation.First,compare the differences between the two.Secondly,the "from its provisions" for the interpretation of the meaning and the necessity of analysis,and put forward on the occupation of the criminal law is not prohibited from the overhead.Finally,the"provisions" from the specific application of their own four points and views.