Research On The Application Of Criminal Profession Prohibition

The reasonable use of the occupational prohibition system in accordance with the law and the strengthening of special prevention and regulation of professional offenders can not only effectively reduce the chances of criminals' recidivism,promote the orderly management of social management,but also reflect the concept of "people-oriented" in China's criminal law.However,the existing legal provisions are not very clear on the nature,connotation and detailed application rules of occupational prohibition.Therefore,the author believes that it is necessary to study the regulations carefully and divide it into four chapters on concepts,nature,applicable requirements and occupations.It is forbidden to discuss with other related systems and hope to have certain help for judicial practice.The first chapter is mainly about the general description of the criminal occupation prohibition.Starting from the concept and characteristics of the system,it explores its legal nature.From the perspective of provision,the criminal occupation prohibition is a non-penalty disposal measure.In addition,based on the provisions of the law and the status quo of application,the problems of the criminal occupation prohibition are raised,such as the unclear application rules and the unclear boundaries with the relevant systems.The second chapter analyzes the applicable conditions of occupational prohibition from the three aspects:object condition,substantive condition and penalty condition.Grasp the object conditions from the determination of the scope of occupational prohibition,the use of professional convenience and how to understand specific occupational obligations.As long as the actor actually engages in the occupation,the occupational ban can be applied to it.As far as the determination of the scope of occupational prohibition is concerned,it is not limited to the original occupation of the perpetrator.In addition to determining the scope of occupational prohibition in accordance with the classification criteria in the Occupational Classification Dictionary,the legal interest of the violation of the criminal act and the legal interest shall be considered.Other relevant occupations and other factors comprehensively determine the scope of prohibition.Career convenience not only includes the convenience of the position,but also requires a direct causal relationship between the occupation and criminal behavior of the perpetrator.The legal basis for a specific obligation must be universal,universal law,administrative regulations,and ministry regulations.Discussing the situation of crime and preventing recidivism requires the difference between the connotation and the purpose of investigation.It is the path to explore the meaning of the substantive conditions of the system.The understanding of the crime is to determine the correlation between the criminal behavior and the occupation.It lies in the subjective thinking and objective performance of the agent.Penalty conditions examine the criminal probation that can be applied after what kind of penalty.The penalties in occupational prohibition include control,criminal detention,and fixed-term imprisonment.They do not apply to criminals who are sentenced,executed immediately,and sentenced to life imprisonment.In addition,occupational prohibitions can also be applied after the probation period has expired.The third chapter discusses the criminal occupation prohibition and prohibition order,the administrative occupation prohibition and the coordination application of the criminal system.On the basis of an empirical examination of the status quo ofjudicial application in paragraph 3 of Article 37 of the Criminal Law,it can be seen that in judicial practice,the People's Court did not strictly apply the third paragraph when it pursued the criminal responsibility of criminals."from its provisions." The precondition for administrative law to be used as a basis for occupational bans is that the behavior of criminals needs to be evaluated by criminal law.The negative conditions for specific occupations need not be invoked,and the need to prevent recidivism is more satisfied.For criminals.More appropriate regulations can be selected and applied.As for the occupational prohibition and pre-existing system,the two are applicable at the same time during the occupational prohibition period,and the pre-existing system is applied separately after the occupational prohibition period.The two systems strengthen each other to make up for each other's deficiencies and strengthen the prevention of crimes,but at the same time have to admit that the value of the professional prohibition is partially concealed by the criminal system.In view of this,the value and role of the professional prohibition has become The issue that should be of concern at the moment.The fourth chapter mainly discusses the application of criminal occupation prohibition in multiple areas.The first is the application of the food and drug field.The applicable subjects of occupational prohibition in food-drug crimes include not only individuals,but also the units in the future.When the occupational prohibition is applied to the staff of state organs that implement the crime of dereliction of duty,the scope of the occupational prohibition shall be extended to other positions related to their duties.Based on the characteristics of securities crimes,strict control of the behavior of employees is the core to reduce the probability of securities crimes.It is more important to determine the scope of application and the scope of employment.In addition,it is necessary to solve the problem of the connection between the market ban system and the criminal occupation ban as stipulated in the Securities Law.