Study On The Criminal Regulation Of "Medical Acts"

Criminal Law Amendment(?)provides for a system of vocational prohibition,the understanding of“occupation”should refer to the relevant provisions of the People's Republic of China Vocational Classification.At the same time,the“occupation”should specific,clear,true and legal.In addition,from the nature point of view,vocational prohibition is a kind of narrow security measures.The application of occupational prohibition should include the following four aspects.The main conditions should include two categories:a person who uses a professional convenience to commit a crime and a person who performs a specific duty that is contrary to his professional requirements.Substantive conditions also include two points:the circumstances of the crime and the need to prevent recidivism.The penalty condition is the day on which the punishment is completed or the date of parole.Finally,the compatibility conditions,that is,how to coordinate with other laws and administrative regulations.The vocational prohibition should be further improved from the following aspects.First of all,the unit as an independent subject of crime,the harm can not be ignored.To expand the application of the system to the unit is necessary and feasible.Secondly,we should improve the application procedure of vocational prohibition,which includes implementation steps,implementation period,announcement time and flexible changes in execution.