Analysis of the Application of the Occupational Ban in the Third Paragraph of the First Article of Criminal Law Amendment(9)

Criminal Law Amendment(9) first put vocational prohibited content into the criminal justice system. Occupation banned as a security disciplinary measures, its application should implement the principle of modesty and the principle of proportionality, including the applicability of specific principles, the principle of necessity and proportionality principle. In addition, other laws and administrative regulations prohibit the occupation is mostly an administrative responsibility, criminal law prohibits the occupation of non-punishment of criminal responsibility in the behavior of people at the same time violate the criminal law and administrative law, should bear responsibility for these two categories, respectively, the court shall apply the provisions of other laws and administrative regulations as a condition to apply occupational prohibitions, rather than "shall prevail"——no court declared.