The Vocational Prohibition In Chinese Criminal Law

In according to the first rule of Criminal Law Amendment(IX),Vocational prohibition is the newly added provision of Criminal Law.It involves application conditions,time limit and legal effects.This provision is aimed at the sentenced criminal who is likely to recommit relying on his occupation,and restrict his professional behavior.There are a great amount of legal norms and regulations involved in vocational prohibition in China.In many other countries,the criminal law has stipulated the vocational prohibition.And it’s the first time that Criminal Law stipulates it in China.The reality is it has two sides.On the one hand,it means the criminal law has a great progress of the crime prevention.Security measures have not been accepted by the criminal law in China.But this provision will be a great strength to promote the acceptance of the security measures and the improvement of the system of criminal law.On the other hand,there are some legal ambiguities in this provision.And the sentence of vocational prohibition will affect criminals’ legitimate rights of re-socialization.It’s particularly important to elucidate the nature of vocational prohibition,the judgement standard of personal danger and the juridical practice of vocational prohibition to some extent.Since the Criminal Law Amendment(IX)was enacted,many scholars have discussed the character and the juridical practice of vocational prohibition.But they don’t have systematic theory of them.This thesis analyzes the domestic stipulation and foreign legislative experiences,confirms the nature of vocational prohibition,puts forward some questions about juridical practice operation and solves them,and offers a proposal to vocational prohibition improvement.