| "The criminal law as a mirror of the era culture, he not only reflects the culture foundation of value, but also reflects the change of social ideology.""Criminal law amendment (9) into effect in November 2015, would ban into the criminal law is employed for the first time, China’s criminal law system is constantly undergoing innovation and improvement. Officially established in the middle of the criminal law system from ban system embodies the laws of spiral wave, forward the law of development of social consciousness, the application of the penalty should follow the principle of culpability adapt, so can not take more than the degree of culpability punishment to achieve the purpose of preventing crime, so outside the punishment of crimes punishable by ban to prevent recidivism risk is the trend of The Times. Through determining the nature of the employed banned in put forward the idea of the future should be to establish security measures in the criminal law, the analysis of the new industry prohibited in order to make clear the characteristics of its applicable law itself, reference the forbidden on working outside of the shortcoming of the our country law laws and regulations and be perfected. In this paper, the text is divided into four parts:first, introduce our country banned the definition and nature of practitioners, academics have preventive measures, the main point of the new punishment, security measures, qualifications punishment, and point of view in this paper is:under the background of current China one yuan punishment to be identified as the preventive measures of punishment is more reasonable. But throughout the rest of the world legislation, if in the future to include security measures in the criminal law for the "name" ban classified security disciplinary action in industry is more appropriate. And then introduces the actual state of legislation in the forbidden on industry and new regulations for the basic rules, analysis of the original legal administrative regulations and the square of nine, the new law, what is the relationship between the new regulations before the administrative regulations, the problem of how to apply, after the last reference to working outside countries and regions prohibited provisions of the legislation present situation and the basic principles for perfecting our country’s existing laws and regulations and the provisions applicable to provide theoretical basis in the judicial practice.As is known to all, China’s criminal law’s mission is to punish crime and protect human rights, the fight against all criminal ACTS with punishment and. With the growth of awareness of human rights protection, the freedom of the criminal have been more and more attention. The criminal law on the basis of pay attention to the penalty retribution, also fully pay attention to the freedom of criminal protection. In the premise of maintaining social order and prevent crime, increase and improve the provisions of the criminal law on crime prevention, avoid criminal implementation of duty crime again in the future, to a certain extent, restrict or exclude the conditions of the offender may be committing a crime again. Through the criminal to take active preventive measures before crime, to protect the public from an offender commits a crime again using professional convenience and the violation of purpose. In addition, the criminal law to prohibit working not only make criminal sanctions pattern diversity, and in the judicial practice will lead to the related criminal judicial system innovation, and, in turn, the execution of punishment is more humane, fair and civilized, eventually make the crime governance means more human nature and efficient. |
