Research On "Employment Of Occupational Convenience" In Criminal Law Employment Prohibition

In the criminal law practice ban,"the use of professional convenience" as a newborn thing in criminal law,was only included into the criminal law system by the Criminal Law Amendment(IX).Relevant legislative interpretations and judicial interpretations have not yet been introduced.The academic circle has conducted uneven studies on it and has not yet come to a unified conclusion.These factors have led to many difficulties in this element at the legislative and judicial level,which needs to be further perfected and optimized urgently.It follows that,from the perspective of criminal law,it is necessary to carry out research on the use of occupational convenience in the field of practice ban.The study is based on the criminal law interpretation of “use of professional convenience”,and through in-depth comparative analysis of the legislative and judicial status in criminal law and the relevant legislation of other domestic sectoral laws,the judicial status quo and the extraterritorial criminal law.Therefore,its shortcomings in the legislative and judicial levels are found.Finally,through the various aspects of legislation and judiciary,it was systematically put forward that the corresponding perfect suggestions are proposed to solve the shortcomings of “use of professional convenience” in the professional ban of criminal law.The article is divided into four parts,except the introduction and conclusion :The first part: the criminal law interpretation of “use of professional convenience” in the practice ban.This part is a detailed interpretation of the concept of “utilizing professional convenience” in the practice ban of criminal law from the perspectives of “theoretical basis and literal basis”,and carrying out a comparative analysis of “utilizing professional convenience” and other related concepts,so as to define the connotation and denotation of "use of professional convenience" in the practice ban of criminal law.The second part: the analysis of the status quo of "use of professional convenience" in the practice ban.This part mainly summarizes and contrasts the current situation of the legislative provisions and judicial determination in the practice ban in China's criminal law and other departmental laws,as well as the legislative provisions on the use of occupational convenience in the practice ban in the extraterritorial criminal law,so as to form a summary and analysis of the status quo of "use of professional convenience" in the practice ban of criminal law in China.The third part: the lack of legislation and judicial predicament of "utilizing professional convenience" in the practice ban of criminal law.This part is the conclusion drawn from the inductive analysis of the theoretical data and practical cases in the above two parts,that is,the deficiencies and problems existing in the use of occupational convenience in the practice ban of criminal law in China.On the legislative level,there are still insufficient definition standards for the scope of“occupation”,the lack of legal provisions on the use of “professional convenience”and the lack of systemization of relevant legislative provisions on “use of professional convenience”;on the judicial level,the conflict between the “use of occupational convenience” in judicial determination and the law application,the inconsistent criteria for the definition of "professional" in judicial recognition,and the unclear identification of correlation between the use of professional convenience and criminal behavior in the judicial practice.The fourth part: the legislative improvement suggestions and judicial improvement measures of “utilizing professional convenience” in the practice ban of criminal law.At the legislative level: not only should the definition criteria for occupation be clarified through legislative interpretation,and “use of professional convenience” and the related concepts be systematically improved,but also the criminal activities of “utilizing occupational convenience” should be regulated and curbed through the revision of relevant provisions.On the Judicial level: It is necessary not only to optimize the law application of “use of professional convenience”,but also to establish the definition standard of “professional” scope in judicial determination and the basic principle of “use of professional convenience”and the identification of criminal behavior.Therefore,it is intended to eliminate the legislative predicament and judicial issues in the criminal law of "professional convenience" in the practice ban,strengthen the dynamic supervision by the judicial organs in China over the use of professional convenience and specific professional criminals,and promote the realization of the purpose of special prevention of criminal acts by re-using the professional convenience regarding the "professional criminal ".