Discussion On The Construction Of Occupation Prohibition System In China

As a new system in “criminal law bill for amendment(Nine)”,the purpose of occupation prohibition is to prevent crime and defend society.From the development history of the occupation prohibition system,it is known that it originated in western world.In many countries,the occupation prohibition system has clear provisions in their criminal laws and has already developed into a rather mature stage.The research mainly involves legal attribute,judicial application,and legal consequence and so on.The researches on the occupation prohibition of overseas are mainly focused on legal attribute,judicial application,and legal consequence and so on.However,currently,the occupation prohibition has not been noticed in our country.As a new system in the criminal law system of our country,the research on the occupation prohibition is still in the exploration stage.Besides,as an “exotic”,how to “localize” it in China and finally achieve the goal of “for our own use”,which is an important subject in the theoretical study of criminal law and also a direction of further thinking in the future.In this paper,based on the review of the occupation prohibition of overseas,the current status of legislation,the nature orientation,judicial application and future development direction of the occupation prohibition in China are analyzed and discussed.It is concluded that the realistic positioning of China's occupation prohibition is penalty measure with the nature of security measure.And also,the application conditions,scope and procedure of China's occupation prohibition are discussed in details.Finally,the defects existing in China's occupation prohibition are analyzed,such as the unclear applicable object and condition,fuzzy applicable subject,simplified procedure,and the lack of right recovery system.The corresponding suggestions and assumptions are put forward for the above system defects.For example,establish the suitability principle in implementation of occupation prohibition,clarify the applicable conditions of occupation prohibition,and add right recovery system to occupation prohibition in future judicial practice.It is expected that the occupation prohibition can play its due role and achieve its legislative purpose.