| Occupational prohibition is a newly revised security measure in the Ninth Amendment of criminal law,which belongs to non criminal punishment.Occupation prohibition is not the prohibition of employment in administrative law,and its authority is higher than that in administrative law.The application of the principle should follow the principle of subject legality,the principle of proportion and the principle of crime and punishment legality.It should be noted that although the occupational prohibition is a measure of security,the principle of crime and punishment legality is applicable to the whole criminal law.If the occupational prohibition does not follow the principle of crime legality,it is easy to cause the abuse of occupational prohibition.Although the provisions of the criminal law on the prohibition of occupation are too simple,and there are some problems in the application in practice,but without full explanation,it will cause a waste of legislative cost to legislate directly.In the face of the cross problem of the premise of the application of occupational prohibition and prohibition order in judicial practice,it is necessary to distinguish them by defining the subject of the application of occupational prohibition,the period of application and giving the judge some discretion;in the face of the problems such as the starting point of the period of occupational prohibition is too high,the scope is too narrow,and it is easy to overlap with the administrative punishment,it is necessary to enhance the flexibility of the period of occupational prohibition and clarify the starting point of its application,To distinguish the period of prohibition of occupation from that of employment in administrative law constitutes a dual coexistence system;in the face of the lack of enforcement procedures of occupation prohibition,there is no guarantee measures for enforcement procedures,so it can improve the implementation procedures and measures of occupational prohibition. |
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