| In recent years,my country’s socialist economic construction has gradually accelerated,and social division of labor has become increasingly detailed,which provides a breeding bed for the implementation of occupational related crimes.According to the traditional punishment system,simply applicable punishment has a punishment effect on curbing occupational-related crimes,but it cannot effectively prevent fundamental issues.In order to give full play to the function of punishing the crime and give full play to the function of preventing crimes,the "Criminal Law Amendment(9)" implemented by the State in 2015 added one of Article 37 of the Criminal Law.The specific content of this provision is the "Criminal Occupation Prohibition" system.In theory,there is a different understanding of the legal nature of the "Criminal Occupation Prohibition".In the judicial practice,the applicable conditions for the "Criminal Occupation Prohibition",the scope of the prohibited occupation,and the applicable procedure have not yet been unified.From this,this article selects the difficult problems in the application of this system to carry out a demonstration,and it is expected that it can contribute to my country’s judicial practice.This article is divided into the following four parts.First of all,summarize,and then analyze,writing through the above logic methods.The first and second parts are the part of the general discussion of the prohibition of criminal practice and raising problems.The second,third,and fourth parts are analyzed for specific problems and provided corresponding solutions.Overall followed the structure of ask problem-analyze problem-solve the problem.The first part is an overview of "Criminal Occupation Prohibition".Through comparison of the prohibition of criminal employment in our country with other countries,the prohibition of criminal employment is proposed to be a system of criminals who have been sentenced to punishment to restrict them.This article believes that the nature of my country’s criminal employment is prohibited from being punished by security.The second part is the issue of the problem.Through the analysis of 269 criminal judgments,it is found that the main problems of the application of criminal employment in my country are: the form of criminal crime,what punishment can be applicable,applicable procedures,and blank crimes.The third part is to study the applicable conditions for criminal employment.The formal conditions include object conditions and criminal conditions.The application for criminal employment can only be a criminal who uses occupational convenience or violates specific obligations of occupational requirements;the primary punishment that is executed immediately except for the death penalty can be applied,and the additional sentence is not applicable.The substantive conditions are the needs of crime and the need to prevent re-crime.Based on whether the criminal use of occupational convenience or whether the offender violates the specific obligations of the occupation requirements,as well as the comprehensive judgment of the crime situation such as criminal means;Comprehensive judgments such as work ability and income status to prevent re-crime.The fourth part is the applicable procedure for prohibited from criminal care.It discusses the deadline and the start time of the prohibition of criminal employment in my country,and specially demonstrates the start time of the prohibition of criminal employment for two years of execution of control,life imprisonment,and death sentence.The scope of occupation prohibited from engaging should be explained in accordance with the specific provisions of relevant laws and administrative regulations.The applicable subject that prohibited by criminal employment is the people’s court;the applicable object is a specific criminal person,including the main responsible person in charge and direct responsible personnel,including the unit crime.The people’s court decided to apply for the application of criminal employment. |
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