Research On Problems And Countermeasures Of Criminal Occupation Prohibition

Criminal prohibition of employment can also be referred to as employment prohibition,which mainly refers to restricting the occupation of criminals for the purpose of prevention after the sentence is released due to the use of occupational convenience to commit crimes or violate professional requirements.And prevent it from using its own profession to engage in illegal activities.Its appearance is a manifestation of the progressive development of criminal law.Occupational prohibition is a kind of prohibition behavior that criminals use their occupations to engage in illegal activities again in response to social demands.Compared with administrative occupational prohibition,criminal occupational prohibition is not applicable to unit objects and does not have the lifetime of administrative occupational prohibition.More emphasis on prevention.In terms of the qualification of occupational prohibition,the prerequisites for the application of occupational prohibition and non-punishment measures are different.However,occupational prohibition and qualification punishment have different preventive purposes and differences in application based on whether the possibility of recidivism is emphasized.Therefore,occupational prohibition does not belong to Non-punishment measures can hardly be classified as qualification sentences.From the aspects of its criminal sanction system,the purpose of the penalty and the applicable conditions,the nature of occupational prohibition is closer to the security sanctions.Five years after the publication of the Criminal Law Amendment(IX),the judicial application of criminal occupation prohibition has continuously emerged: first,the scope of occupational prohibition is not uniformly expressed in the judgment;second,in judicial practice,occupational prohibition The applicable punishment conditions are different;again,when occupational prohibition is applied to criminals,the supervision of some applicable objects is weak;finally,the same case arises the problem of applying criminal or administrative judgments of different types of occupational prohibitions.Overall,the application rate of occupational prohibition in criminal cases is still very low.However,the current legislation restricts the scope of occupational prohibition and applicable penal conditions.The expression "from its provisions" is too concise.At the same time,judicially,there is currently no supporting system for occupational prohibition.This has led to application problems.Fundamentally,there is a natural conflict between occupational prohibition and the socialization of criminals.To solve the problems related to criminal occupation prohibition,the following rationalization suggestions can be adopted.By clarifying the principle of occupational prohibition application at the time of legislation and promulgating relevant judicial interpretations to determine the applicable premises of occupational prohibition,the scope of application of occupational prohibition and the punishment conditions,the relevant provisions of criminal law can be optimized.The establishment of a multi-subject start-up system,grassroots organizations to assist in the implementation of the system,the introduction of deposit or guarantor supervision system,occupation prohibition personnel query system,can complete the occupation prohibition supporting system.In addition,the article also provides the possibility for the offender to temporarily suspend the implementation of the occupation prohibition.These methods will solve the judicial application of the practice prohibition one by one.