A Study On Unit Crime As The Object Of Prohibition Of Criminal Occupation

At present with the rapid economic development and the aggravation of the transformation of social structure,the binding force of professional norms contained in various types of legal systems is weakering day by day,and a large number of crimes are committed by using professional convenience or violating professional obligations.In order to consolidate and strengthen.the effect of penalty execution and prevent the criminals from going back to their old jobs and harming the society after the completion of penalty execntion,it is necessary to deprive the criminals of the right to continne to engage in relevant occupations within a certain period of time and isolate them from the original occupational environment Therefore,in 2015,China formally established the criminal occupation prohibition system in the criminal law amendment(?).HHowever,according to Article 37 of the criminal law,the current prohibition of criminal occupation can only be applied to crimes committed by natural persons,not unit crimes.This makes the important value of the system of prohibition of criminal occupation stop at the crime of natural person,which does not extend to the field of unit crime.In the face of the increasing serious situation of unit crime,the criminal punishment measures for unit crime are becoming weak and difficult to meet the needs of social development.Based on the analysis of the necessity and feasibility of taking unit crime as the object of application of criminal occupation prohibition,the nature and characteristics of criminal occupation prohibition system,the trend and current situation of unit crime at present this paper attempts to analyze the scientificity and conformity of the author's argument from a three-dimensional perspective through the elaboration of legal theory,the summmary of practical experience and the comparison of domestic and foreign systems Rational,and in-depth display of this argument to promote the improvement of the penalty system the realization of the purpose of criminal law,promote the efficiency of social governance important value.Then,the author makes a comparative analysis on how to establish unit crime as an effective way of applying criminal professional prohibition in broad legislation(including judicial interpretation and legislative interpretationX and puts forward solutions.Finally,the author also makes innovative ideas and path construction on the application and implementation of the system,trying to "nourish" and"inspire" the criminal occupation prohibition system of unit crime in the initial stage by referring to the management mode of community correction,the administration mode of industry and Commerce and the supervision mode of financial institutions such as banks.