The Research On Occupational Prohibition In Criminal Law Of China

The addition of the provisions on occupational prohibitions in criminal law contributes to the prevention of crime,but how to apply the provision to judicial practice requires the strengthening of theoretical research.Occupational prohibition is in order to protect the legal interests and defense society.The People’s court shall,on the basis of the crime situation and the need to prevent further crimes,prohibit the criminals who have been sentenced to a criminal precautionary measure in a certain period of time for a certain period of time.Occupational prohibition has a number of security features,not a penalty punishment measures,is a security precautionary measure that conforms to our national conditions.Occupation prohibition is not as severe as punishments,but is carried out in a manner that limits the fundamental rights of the person.Therefore,the Occupational prohibition should,as applicable,follow the three principles of necessity,appropriateness and relevance.So as to balance the relationship between social defense and individual rights and interests,and ensure the legitimacy of the application.In addition,the application of the Occupational prohibition must pay attention to its object conditions,penalty conditions and substantive conditions."According to the crime situation and the need for crime prevention" is the prohibition of substantive conditions,it is the basis for the start of the measures.And clear object conditions and penal conditions are prohibited by the occupation can accurately apply the compass.The scope and duration of the "relevant occupation" should be adequately addressed in the content of the prohibition of the Occupation,which will help to maximize the effectiveness of its crime prevention.In the definition of "relevant occupation" should pay attention to the scope of the reduction of occupational essence.Finally,according to the severity of the violation of professional prohibition,Criminal law provides that the legal consequences of administrative penalties and criminal responsibility.It should be noted that the subject of breach of professional prohibition is not limited to the perpetrator.Hiring,assisting or instructing the perpetrator to violate the provisions of the law,it may impose an administrative penalty on the person in charge and other responsible persons;if the circumstances are serious,can constitute a refusal to enforce the judgment,the conviction of the conviction.