A Study On The Application Of Occupational Prohibition System In Criminal Law

(9)the introduction of the prohibition system as a non-criminal penalties into our criminal law;but because of the new regulations "occupational prohibition system" applicable to the application of the prohibition of the system,The standard is uncertain and the way of relief is unclear,so that the professional prohibition system in judicial practice can not fit the development direction of contemporary criminal law and can not realize the original intention of legislation.This article studies the application of the prohibition system in order to help the professional prohibition system better To adapt to the development of China's contemporary criminal law,in order to achieve our "criminal law" with the prohibition of the system to prevent crime and protect the common purpose of legal interests.On the basis of the existing achievements,this paper puts forward some opinions and opinions on the prohibition system in China.The paper consists of the following four parts:The first part: the status quo of the prohibition system.This paper mainly introduces the different definitions of the nature of the prohibition system,analyzes the main characteristics of the prohibition system,and scientifically deduces the concept of the prohibition system.Secondly,it introduces the application of the prohibition system in our country,The prohibition of the system in China's development history,professional prohibition system in the judicial practice in the application of the situation.The second part: the basis of the value of the prohibition system.The fact that the prohibition system has become an important criminal system depends to a large extent on the value base it implies.This part mainly discusses the value base of the prohibition system from three aspects: the human needs of modern society,the development needs of modern governance and the development needs of modern criminal law,so as to answer the question of why we should implement the prohibition system.The third part: Practical application of the prohibition system.This part is the core content of the article,including three main contents: the conditions of the first professional prohibition system,including the prerequisite for the implementation of the prohibition system,the main conditions of the prohibition system,the objective conditions of the prohibition system,the prohibition system And other content;the second occupation prohibition system application procedures,including the prohibition of the prohibition system,the prohibition of the prohibition of the system,the prohibition of the prohibition system,the implementation of the prohibition system,and other issues of the third occupational prohibition system,The prohibition system of professional prohibition system,the supervision of professional prohibition system,and the violation of punishment of professional prohibition system.The fourth part,the system of professional prohibition system is perfect.This part is mainly from the two aspects of the theoretical basis of institutional perfection and the way of perfecting the system.The former discusses from the four aspects of the concept of human rights protection,the idea of legalization,the concept of criminal law and the principle of criminal law.System,improve the judicial system,improve the supervision system to discuss the three aspects.