A Study On The System Of Prohibition Of Criminal Occupation In China

In the Ninth Amendment to the criminal law,a new provision of "occupational prohibition" has been added,which is a new thing in our country.Therefore,there are many difficult problems in the theoretical and practical circles to be solved.As a new provision,without judicial interpretation and case guidance,there will be many problems in the process of specific judicial application.In addition,there are also provisions on "occupational prohibition" in laws and administrative regulations other than criminal law.There is no unified view on how to apply the system when it competes with it.Therefore,it is necessary and valuable to study these problems and interpret them as accurately as possible in order to apply them according to law.In order to further study the relevant issues of the criminal occupation prohibition system,this paper is divided into three parts:introduction,body and conclusion.The main part of this paper consists of four chapters.The second chapter,based on the definition of the concept,expounds the controversial views on the nature of criminal occupational prohibition in China,and then leads to the author’s views.In addition,it summarizes the specific provisions of other vocational prohibition system,and analyzes and differentiates the criminal vocational prohibition from the vocational prohibition stipulated in other laws and administrative regulations,which is more helpful to solve the problem of how to apply when the two are competing in judicial practice.The third chapter through the empirical analysis of the current situation of the application of the criminal professional system in China,summarizes and analyzes the relevant cases of the three major legal libraries in China to explore the specific problems in their judicial application.The fourth chapter summarizes the problems in judicial application and analyzes the causes of the corresponding problems.The fifth chapter takes the causes of the above problems as the starting point,and seeks the path to solve the problem,so as to achieve one-to-one correspondence between ideas and problems.It is hoped that the solutions proposed in this paper will contribute to the realization of the purpose of crime prevention preset by the system,and further promote the improvement of China’s penalty system.