Research On The System Of Occupational Prohibition In China's Criminal Law

The system of occupational prohibition is a system that restricts the people's courts from engaging in related occupations on the basis of the specific circumstances of the case and special prevention needs of criminals who have committed crimes that use professional convenience to commit crimes or have violated professional requirements and who have been sentenced.The system has four characteristics: statutory,affiliated,mandatory,and supplementary.The criminal professional prohibition is different from the criminal prohibition order,and is also different from the deprivation of political rights.It is also different from the professional prohibition prescribed in administrative laws and regulations.The nature of the criminal profession prohibition in academic circles can be described as divergent.In fact,it is neither a qualification penalty nor a non-penalty punishment method.Its nature should be a security measure.The theory of special prevention t,the theory of personal risk,and the theory of social defense provide a solid theoretical basis for the construction of an occupation prohibition system.The establishment of an occupation prohibition system in China's criminal law is conducive to implementing the criminal policy of combining leniency with strictness and is conducive to preventing the occurrence of occupational crimes.It is also conducive to the reform of our criminal sanctions system.According to Criminal Law,the system of occupational prohibition applies to criminals who have been sentenced to criminal punishment for making use of occupational convenience to commit a crime or commit a specific obligation that violates professional requirements;the applicable subject is a people's court,and the applicable conditions are based on the crime situation and the prevention of defending.Needed;occupation prohibited content is to prohibit criminals from engaging in specific occupations,the period of three to five years;where any violation of occupational prohibition decision,by the public security organs to impose administrative penalties on them,if the circumstances are serious,to refuse to implement the judgment,ruling Investigate criminal responsibility;apply occupation prohibition should follow the principles of applicability,proportionality,and necessity.At present,there are problems such as unclear objects,too simple application procedures and incomplete remedy in the application of the criminal occupation prohibition system in China.Therefore,it is still necessary to further clarify the applicable object,the life imprisonment for immediate execution and life imprisonment,and the additional penalty should be excluded from the penalties for criminal prosecution.The unit should be clearly included in the application of the occupation prohibition system.In addition,we must further clarify the applicable conditions,refine the applicable procedures,and improve the right relief.