Research Of The Perfection Of Criminal Occupational Ban

Criminal prohibition system began in the criminal law amendment(9),the system in the criminal policy from no type to type,It represents the improvement of the perfection level of criminal law and the improvement of social demand adaptability.Nowadays,China is in a period of rapid development.The division of labor has become more detailed.All walks of life are colorful.At the same time,various new professions are emerging.However,due to the lack of corresponding legal norms.The phenomenon that new career professionals commit occupational crime for a variety of motivations is constantly emerging.Therefore,in order to maintain the normal order of the operation of the industry and to crack down on the occupational crime,It is necessary for us to analyze the profession itself and to propose corresponding solutions.Because of the occupational prohibition is a new security disciplinary system.The relevant criminal law and criminal judicial interpretation in China have not specified the specific applicable situation.And there are no guiding cases to consult in the actual judicial operation.The emergence of this kind of situation inevitably leads to many difficulties in judicial application.To resolve this dilemma.This paper intends to explain the significance of the employment prohibition system from different angles by using case analysis method,Literature analysis method,Logical analysis method.Therefore,the author chooses several typical judicial cases,In order to highlight the problem of prohibiting system.By consulting the relevant literature and combining system analysis to analyze those problems.On the basis of analysis and collation.In view of the existing problems of the system,a feasible improvement suggestion is proposed.Therefore,this paper mainly divides into four chapters:The first chapter is the introduction,the main content is: apply in judicial practice in our country was introduced in detail from ban system overview of specific case,Outlines the current theoretical research achievements of domestic forbidden on working system.The second chapter for the problems of the system of criminal would be banned,main content is: working was not clearly defined system in the legislation standard prohibited,judicial application on existence predicament,late execution asweak supervision strength,absence of right remedy is prohibited.Third chapter for the criminal from ban system problems cause analysis,the main contents as follows: the legislature to abandon the exercise of the legislative interpretation,judicial organ supplement and applied effect is poorer,executive agencies in the process of mutual shuffle,the social public willingness to accept privacy protection is low.Chapter four for the perfection of the system of criminal would be banned path,main content is from the legislative,judicial,executive and banned people from four aspects,the protection of the rights of our country criminal from ban system's deficiencies to give advice and reference.