Research On The Occupation Prohibition In The Crifinal Law

The number of the occupational crime is increasing with occupations divided in to many parts and emerging industries produced.The traditional preventive measures are hard to prevent the occupational crime effectively.Criminal Law Amendment(9)was established and add the 37th article of the Criminal Law which means the Occupation Prohibition is established formally in the Criminal Law under the background.The establishment of the Occupation Prohibition is undoubtedly a great progress of the Criminal law in China.The Occupation Prohibition enriches the system of criminal legal consequences and the preventive method of the Occupation Prohibition.The prevention of the occupational crime mainly depends on punishment and administrative penalty before the Occupation Prohibition established.However either punishment and administrative penalty mainly focused on punishing illegal and criminal acts,its limited special prevention purpose is difficult to effectively prevent more and more the occupation crime."The prevention of crime than the punishment of the crime is more sophisticated,this is the main purpose of all outstanding legislation".Different from the punishment and administrative punishment,the Occupation Prohibition established in the criminal law mainly focuses on the prevention of the occupation crime.According to the necessity of the crime prevention,the people's court can forbid the criminal to engage in the related occupation after the execution of the penalty or after parole,and deprive the offender of the recidivism conditions,so as to achieve the effect of special preventionThe first part discusses the basic theory of criminal law in the Occupation Prohibition,mainly expounds the general theory of the Occupation Prohibition and the significance of criminal legislation.First of all,according to the theory,starting from the keywords working",clarifying the concept of the Occupation Prohibition in criminal law,and combined with the provisions and judicial,summed up the characteristics,the system of prohibition of practitioners in criminal law.It is necessary to prohibit discrimination in the Occupation Prohibition and other similar system differences,such as the Injunction and other laws and administrative regulations in the Occupation Prohibition from the legal nature,the specific application of legal liability from different angles to recognize the similarities and differences between the system on the significance of criminal legislation.Secondly,in view of the criminal legislation meaning of the prohibition of employment,we should make clear the legislative intention of prohibiting crime prevention,and realize the prevention and utilization of professional convenience crime from two different waysThe second part,the legal provisions of prohibition of employment in the criminal law are interpreted in detail.The legal nature,applicable conditions and legal liability of the Occupation Prohibition are explained in detail from its provisions and according to the provisions of the law.Specifically,firstly,the various views on the legal nature of the Occupation Prohibition,secondly,the applicable conditions explicitly prohibited to participate in the main business,can be divided into the main conditions and applicable conditions of the object,in legislation division,can be divided into the form conditions and applicable conditions of real conditions.Finally,it is necessary to interpret the significance,legal nature,applicable way and scope of the provisions.The third part summarizes the specific problems of the Occupation Prohibition in the criminal law,and puts forward the objection to the rationality and integrity of the Occupation Prohibition in the criminal law of our country.First of all,the Occupation Prohibition are not reasonable,especially in the legislative settings,as arbitrary norms made will lead to the judicial practice of disregard for employees prohibited,and set the execution of convergence is also contrary to the principle of proportionality is suspected.Secondly,the current Occupation Prohibition is incomplete,and it lacks the implementation procedure of the Occupation Prohibition and the specific measures for exemption.The fourth part aims at the problems in the Occupation Prohibition in China's criminal law,and puts forward some suggestions to improve the Occupation Prohibition by referring to the beneficial experience of the foreign Occupation Prohibition.In one-to-one correspondence with the problem,for the rationality of the Occupation Prohibition,we should propose the transformation of legal norms and the suggestions for optimizing the execution of convergence;for the integrity problems in the Occupation Prohibition,we should set implementation procedures and additional relief measures.