Discussion About "Job Forbidden" In The Criminal Law

There are legal provisions of "Job Forbidden" in our current legal system of criminal law and other administrative regulations.In this article "Job Forbidden" stipulated in criminal law is the emphasis. A new type of crime prevention measures,Job Forbidden,which apply to criminals with specific criminal behaviors, is enacted in the 9th Amendment to the Criminal Law. This is not only a highlight of the criminal law modification but also a great progress of criminal legislation in our country, at the same time, it has great significance in the maintenance of social order and the development of China's criminal law .But as a new measure, it is still in a state of just" break up ", some problems exist in the process of "growing", this article through the analysis found that the problem and puts forward some Suggestions for the solution of these problems.Content of this article is composed of four parts. The first part is the basic situation about "Job Forbidden" in criminal law of our country.In the second part analyze the nature of "Job Forbidden". The third part is the problem found during the application .The fourth part puts forward solutions to solve the problems found in the third part.In the first part, presented the content, characteristics, legislative reasons of"Job Forbidden" ,and compared it with the administrative regulations .In the second part through the analysis of the relationship of penalty and security measures as well as to the scope of criminal law in the "Job Forbidden", made clear that "Job Forbidden" is security measures. In the third part, the problems existing in three pieces, the first piece of suitable conditions are not clear, the second piece of content to apply is not clear,the third piece is applicable in other issues, specific include "Job Forbidden" confused with injunctions and instrument application format confusion.The fourth part carried on the solution to solve problems found in the third part. defining the applicable objects of qualification and applicable based on the considerations to solve the problems in the applied conditions. The problems in suitable content, mainly through clear ban on content, correctly handle the criminal law and administrative regulations, and clear the time to date the forbidden term to solve. Clarify the relationship "from ban" and injunctions and specification document format is applicable to other problems found in the third part.