Plights And Outlets:Thinking About The Application Of Vocational Prohibition

Article 1 of the Criminal Law Amendment(9)provides the vocational prohibition system.As a new measure and provision,has no corresponding judicial interpretation and no trial experience.This article first based on the provisions of Article 1 of the Criminal Law Amendment(9),starting from the content of the vocational prohibition,through the discussion of the purpose and background of the prohibition system,the clarification of the concept of nature,The interpretation of the relationship between the vocational prohibition and other laws and administrative regulations,the applicable principles of the vocational prohibition,the applicable conditions,the applicable procedures and the legal consequences of the violation,and the comparative study on the system of other countries and regions In order to better understand and apply the new clause.After the interpretation of the legal provisions in itself,the author further study the application of the prohibition of the status quo,from the case and the application of data analysis,found that practitioners prohibit the application of judicial difficulties.On the one hand,the vocational prohibition as a restriction of the right measures,there is an excessive interference with the risk of civic occupation,the court to maintain its cautious attitude.On the other hand,the simple description of the criminal law,to the understanding and application to bring some confusion,there is no clear identification standards,the lack of relevant procedures,there is no specific operating rules,practical operation level there are some difficulties.Finally,the author puts forward the perfect idea for the existing problems,and explores the best path from the theory to the practice,so that the vocational prohibition can not get the correct application in practice.The author aims to provide a reference for the judicial application of the vocational prohibition,provided that the vocational prohibition being targeted for security.The court if it can be properly applied to achieve its legislative value;if the court is not appropriate to violate the legitimate rights and interests of the relative people,increase social unrest.Therefore,at the theoretical level of guidance,it is necessary to correctly grasp the application of the principle and conditions of application,in the practical operation level,the clear application of the standard,to be completed from the proceedings to improve the procedures;should also be added to prohibit the termination and recovery system,Community corrections can be introduced in the implementation of oversight.