Theory Of Occupational Prohibition

Occupational Prohibition,is a measure that prohibit people who committed the crime due to abuse of occupational convenience or violation of professional requirements from engaging in certain occupation for a certain amount of time.The essential purpose of this measure is to prevent crimes in a specific term,which is of great importance to reduce the risks of recidivism.In the nature of legislation,it is not a newly emerged punishment,but a Security Measures.When enforcing the Occupational Prohibition,a number of strict requirements must be satisfied simultaneously,which are: being sentenced to punishment due to occupational crime,and possessing a high risk of recidivism.Meanwhile,as a relatively new provision in Criminal Law System,there still remain various problems in practice.For example,in terms of executive party,a specific enforcing department is not clarified in the provision;in terms of the enforcement procedure,detailed methods and processes are not specified in the provision.These are some of the technicalities that need to be explored.This paper is divided into three section,including 24000 words in total.The first section contains an overview of the theory of Occupational Prohibition,including the legal nature and theoretical support of it,giving diverse opinions regarding the definition of Occupational Prohibition in academic field,as well as analysis of why it belongs to Security Measures and the source of jurisprudence behind it.The second section discussed the practical problems of the enforcement of Occupational Prohibition,including a detailed interpretation of the provision,definition of Occupational Crimes,and clarifications and analyses of the applicable conditions.