Study On Vocational Prohibition

With the age of sever criminal penalty is going,mechanism of vocational prohibition is established in the Ninth Criminal Law Amendment.As part of the criminal sanctions,vocational prohibition is filled with humanitarian than any other freedom penalty.It's focus on social readjustment instead of deterrence or retribution.In Corporation Law,Securities Law and Law on Judges,there are also similar stipulation.The relation between vocational prohibition and these stipulations is till under organizing.In terms of its attribute,vocational prohibition is similar with restraining order,criminal record institution,deprivation of political rights,qualifications punishment and security measure.Though scholars are arguing about the attribution of vocational prohibition,most of the scholars agree that vocational prohibition is not appropriate to be part of the 37^th article of Criminal Law.When comparing vocational prohibition with other similar stipulations,it is obvious that there are differences in legal nature,elements,contents,values and so on.In conclusion,we suggest vocational prohibition should be part of qualification penalty which is accord with criminal legislation.There is more than one year since vocational prohibition has been established.Through searching for the relevant cases we find out that this regulation is applicable to cases involving minor sexual assault and environmental pollution.However,the legislative orientation and judicial application are not that satisfying because of the lack of judicial interpretation.First of all,we should clearly define the connotation of specific obligations of violating professional requirements.Then,define the scope of the occupation which should be prohibited in the foreseeable range.Finally,balance the relationship between the system and other legislation.According to the foreign legislation,vocational prohibition is included in qualification punishment or security measure.The regulations on vocational prohibition in the continental law system are more systematic.The common law system is not restricted by the code,and the relevant provisions are scattered in various single regulations.In the United States,people rely mainly on prohibition and protection observation system to control people who have recidivism.Through the interpretation and investigation of the legislation and judicial situation of the vocational prohibition,the author believes that in the aspect of legislation,there is an excessive proportion of free punishment in criminal sanctions system.The author respected that make the of professional qualifications as the content of the vocational prohibition as part of the deprival qualification penalty into the criminal sanctions system and the independent application of the vocational prohibition is needed.Though the content of criminal record is similar with vocational prohibition,vocational prohibition is still necessary on criminal with criminal record.While defining the professional requirements of the specific obligations,the judge should find a direct basis from the relevant laws and regulations for whether the defendant violates the professional requirements of the specific obligations.Secondly,in the case of finding a written law in fail,the judge ought to put the spirit of law into consideration.Define the scope of vacation that should be prohibited,and determine scope according to the People's Republic of People's Republic of China Occupational Classification Ceremony.Clarify the the scope of the offender restricted by the vocational prohibition,the person who instigates or replace the offender to break the law should also be punished.In order to make the the vocational prohibition humanity,the announcement time should be postponed after the offender serving the sentence by considering the performance of reforming in jail.Set up the executive organ and supervision organ of vocational prohibition system,it's necessary to giving full play to the responsibilities of the community correctional institutions in execution and procuratorate in supervision.