Research On Occupation Prohibition In Criminal Law

In 2015,the Criminal Law Amendment(IX)formally established the occupational prohibition system in China's criminal law,which is of great progressive significance.However,as a relatively new system,there are many difficult and controversial issues which are worth further study in both theoretical research and judicial application.This paper first defines the characteristics of the occupational prohibition system in criminal law,then discusses the legal attributes of occupational prohibition in criminal law,the relationship between occupational prohibition in criminal law and similar systems,then analyzes the judicial application of occupational prohibition in criminal law,and finally tries to put forward suggestions for the improvement of occupational prohibition in criminal law.This paper includes five parts:The first part is the characteristics of occupation prohibition in criminal law.The occupation prohibition in criminal law includes five basic characteristics: supplementary,punitive,preventive,mandatory and specific.Supplementary means that criminal occupation prohibition is in a complementary position in terms of applicable methods and functions relative to penalty.Punishment refers to occupational prohibition that has the detrimental nature of derogating the rights of the perpetrators and causing them some pain.Preventive means that occupation prohibition has the function of preventing perpetrators and other ordinary people from committing occupation-related crimes in the future.Mandatory means that the occupation prohibition will be implemented without any penalty after the referee is made.Specificity means that professional prohibition can only be applied by specific subjects,for specific objects,limited to specific content,and determined for a specific period.The second part is the dispute about the legal nature of occupational prohibition in criminal law.There are different opinions in the legal nature of occupational prohibition in criminal law,including the penalties,the security measures,the preventive measures,the penalties for penalties,and the non-penalties.The security disposition theory is a desirable proposition.The main reasons are: the occupational prohibition in criminal law is very similar to the application basis,application purpose,mechanism of action,normative features,and formal features of the security disposition.The third part is the relationship between occupational prohibition in criminal law and similar systems.The occupational prohibition in the criminal law is similar to the occupational prohibition in the administrative law,the prohibition order in the community correction of the criminal law,and the prohibition order in the criminal procedure law,and they also have many major differences.The fourth part is the judicial application of occupation prohibition in criminal law.Through empirical analysis,it is found that the ban on food occupation,the ban on pharmaceutical occupation,and the ban on education occupation are the most applicable types of occupational ban;the period of occupational ban includes three years,three years,six months,four years,and five years,and the most are three and five years.The applicable principles of occupational prohibition in the criminal law should adhere to the principles of necessity,appropriateness,balance and complementary.The applicable conditions include three conditions: object conditions,substantive conditions,and restrictive conditions.Applicable protection includes two types of administrative,they are penalty protection and criminal liability protection.The fifth part is the perfect suggestion of occupation prohibition in criminal law.It mainly includes three suggestions: one is to expand the scope of application to unit crimes;the second is to clarify the time for the declaration of occupational prohibition.