Research On The Criminal Occupation Prohibition System In China

With the great success of the reform of the market economy system that China has promoted in recent decades,the reform and development of the economy and science and technology have continuously promoted the upgrading and progress of the industrial structure,and thus promoted the emergence of a large number of new occupations.The system is more complete and the division of labor in the professional system is more specialized.The crimes and types of crimes in China are closely related to social and economic changes.This change in the socio-economic and professional systems has led to a rapid increase in the number of criminal cases in which criminals have used their careers to facilitate crimes in recent years.This has given China's economic order and social stability.Have caused great impact and damage.In view of the practical needs of managing professional crimes and preventing re-offending in practice,in 2015,China adopted the Criminal Occupation Prohibition System in the form of a criminal law amendment formally incorporated into China's criminal law normative system and stipulated this system in Chapter III,Section I of the Criminal Law.Article 37 of "Types of Penalties" follows the exemption from criminal penalties and non-penalties measures.Before the criminal profession prohibition system was incorporated into the criminal law system,the theoretical circle had many disputes over the scope,nature,characteristics,and scope of application of this system's connotation.This legislative system not only resolved these disputes but gave them The nature of the system and its specific application leave a huge space for discussion.Therefore,based on the scholars 'existing research on the professional prohibition system,the author combined with cases in judicial practice to further study this system,in order to clarify the nature of the system and find out the existence of this system in judicial practice.The problems and specific suggestions are put forward so that the criminal professional prohibition system can maximize its special prevention function.In addition to the introduction and conclusion,this article is divided into the following four parts:The first part clarifies the concept and nature of the criminal professional prohibitionsystem,which lays the foundation for the subsequent study of the applicable conditions of the system,the problems existing in judicial practice,and the improvement measures proposed.Specifically,the author adopts a comparative analysis method to compare the criminal profession prohibition system with similar prohibition orders,prosecutor systems,and criminal procedure law prohibition orders to clarify the concept of the system,and the mainstream of criminal law academics on the nature of the criminal profession prohibition system The doctrine of qualifications,non-penalty methods,and security measures are compared to clarify the nature of the system.The second part demonstrates the legitimacy and practical significance of the criminal occupation prohibition system.Although the criminal occupation prohibition system has been paid attention and studied by scholars abroad and incorporated into the provisions of criminal law,this system is still a new system in China.When the new system is born,it will always be unavoidable.Questioning the necessity and rationality of its existence.Therefore,the author responded to the question by demonstrating the preventive and protective concepts of the system,demonstrating that the system meets China's actual needs,is conducive to improving our criminal sanctions system,and makes up for the deficiencies and deficiencies in the administrative profession of our country,and clarifies the necessity and reasonableness of the system.Sex.In the third part,the author searches for cases related to the occupational prohibition system by using one of Article 37 of the Criminal Law of the People's Republic of China as the search term under the online criminal case column of the most authoritative and official representative judgment document nationwide.1094 articles,on the basis of these 1094 cases,the restriction word "prohibition of employment" was added,and 103 cases with detailed reasons or controversial points concerning the application of employment prohibitions were screened out as the basic cases studied in this thesis.Study the problems in the judicial application of this system.In the fourth part,according to the problems in the judicial practice of the third part,five suggestions were put forward,namely: the unit should be included in the scope of the system,the type of punishment in the "penalty execution is complete",and the reasonable limitation."Related occupations" interpretation space,the creation of a dynamic occupation prohibition period and the creation of a restoration system,detailing the content and methods of "adhering to its regulations"...