Research On The System Of Occupational Prohibition In The Criminal Law

Criminal law amendment 9 creatively put forward the system of Occupation Prohibition.As a new system established in the law,there are some problems in judicial application,such as the unclear concept and the implementation of the system,which is not conducive to the uniform application of the effective employment prohibition system.The system of occupation prohibition is conducive to the realization of special prevention and protection of society,and finally achieves the positive effect of preventing re-crime.In order to more accurately apply in judicial practice,so as to better play to the role of the employed ban system,it is necessary for us to deeply study employed ban system related issues,is also the focus of this paper to study.This article is about the study of the system of occupation prohibition mainly include four aspects.The first chapter mainly discusses the legal stipulation,specific concept and legal attribute of the employment prohibition.Working on the prohibition of abuse refers to the professional or business professional knowledge or special relationship and the implementation of intentional crime or against the obligation of the professional people,a people's court according to the case details and special prevention needs to ban it in a certain period or permanent engaged in the professional or business ofpunishment measures.For jobs prohibit system of legal property,the criminal law educational world mainly has the following four views: the penal punishment measures,qualifications punishment,punishment of the supplementary punishment and security measures,carding the history development of security measures at the same time,the author thinks that,from ban system for criminal crime situation and make the risk as the basis,and to prevent the crime as the only purpose again in the future,is a kind of security measures.The second chapter analyzes the applicable status quo of employment prohibition.For ban system for judicial documents to sort,summarized from ban system applicable charges including food safety,selling counterfeit drugs crime,labor safety and crime as well as the compulsory indecency and so on.The employment prohibition system can prevent professional crime,enrich the content of security punishment in China's criminal law,and integrate the administrative prohibition system.Through analyzing the current situation of judicial application,found from ban system apply to the problem: the judicial referee lack consistency,application deadlines and crime does not adapt,term cannot be adjusted according to the implementation,and probation restraining order confusion applicable and a lack of clear implementation basis.The third chapter defines the judicial application of the prohibition system: the concept of professional convenience and the specific obligation to violate the occupational requirements.Banned from shall be included in the professional related professional criminals had career and other professional with the original professional with approximation properties,definition of "relevant" shall,in combination of crimes and the criminals need to prevent crime again.From prohibited provisions of the third paragraph in the expression of "from its" cohesion of execution,the specific range should be can combine the criminal personal danger,shall be prohibited in the industry on the term of reference to other laws and administrative regulations,but industry should be carried out by a court declared is prohibited.From ban with ban belongs to security measures,but there are many difference between the two,criminals sentenced to public surveillance,and would be banned,ban shall at the sametime,to ensure the consistency of punishment.In the case of a criminal sentenced to probation,there is no danger of reoffending and therefore should not be applied.The fourth chapter is the employed in the construction of the implementation of the system,the community correction mechanism shall be employed to ban the executing agency,by introducing the information disclosure mechanism,the guarantor,margin system,term adjustment system and diversified execution supervision mechanism to prohibit system working in order to ensure the effective execution,and allow the criminals sentenced to public from banned by the appeal of right remedy in the form of a certain extent,also have the effect of limit judge's discretion.