On The Reform Of Qualified Punishment In China

For a long time, the criminal law has not been clearly defined the problem holding the criminally responsible to the offender for using the occupation facilitate or violating the requirements of specific professional obligations.Prohibition or restriction of the occupation or qualification to offender is often made by the executive.Criminal Law Amendment (9) has given the courts some jurisdiction to prohibit the offenders a certain period of occupation.It has expanded the content of criminal responsibility. However, the punishment of prohibiting the occupation only serves as a non-punitive measure and is attached to penalties applicable.So it is inevitable to produce the phenomenon of excessive punishment". In addition, the punishment of the prohibit occupation is divided into jurisdiction for judicial and administrative punishment. It is not conducive to the criminal jurisdiction of independence applicable, contrary to the realization of criminal liability of fairness. Therefore, it is necessary to change the non-punitive measures of the prohibiting occupation into the qualification penalty.