An Empirical Study On The Judicial Application Of Criminal Occupation Prohibition

The Criminal Occupational Prohibition System is a new preventive measure specially set up in the Amendment to the Criminal Law(9).It is based on the theory of situational crime prevention.By depriving the occupational offender of the qualification to continue to engage in the relevant occupation,it cuts off the relationship between the prohibited person and the situation of the original occupational crime,and will engage in the work of the prohibited person.Protecting all kinds of legal interests related to occupation and making the proscribed person lose the necessary professional conditions and opportunities for recidivism is a "sword" for preventing and controlling occupational crime,and also a "best choice" for the international community to administer occupational crime.However,in the absence of judicial interpretation or the criminal law amendment to clarify the relevant issues,the only "one article three" provisions are obviously not enough to support the daily operation of the system.Based on a thorough understanding of the basic theory of criminal occupational prohibition,the author summarizes and analyses the problems existing in the application of the system from the perspective of the results of judicial trials.Finally,the author puts forward some suggestions on improving the Judicial Dilemma of the system by referring to the relevant provisions of foreign laws.This text is divided into three parts:The first part first introduces the sample selection method,time period,judicial documents and coverage area,then collates,counts and analyses 224 judicial precedents that have been applied to the system on the Chinese judicial documents network for three years,and combs out the basic situation of the application of criminal professional prohibition.The second part mainly divides into three aspects: the object and scope of application,the time and duration of application,the content of application and the relief procedure.It analyses the problems such as the narrow scope of application and the irregular content of prohibition in the judicial application process.The third part puts forward some suggestions to improve the system of suspension of execution of criminal occupational prohibition and the system of reinstatement of rights,inorder to provide reference for the relevant judicial interpretation of criminal occupational prohibition system or the introduction of criminal law amendment.