The Research Of Employment Prohibition System's Specific Application Of Criminal Law Of China

The Criminal Law Amendment(9)proposes a new system of incumbency,that is,article 37 of the Penal Code,which aims only after the criminalization of an act of a person who has obtained a professional qualification or a professional competence.The prevention of the perpectrators of the crime,while the implementation of the perpetrators of the occupational conditions to be restricted or deprived of punishment.Criminal law will be prohibited from the system of non-punishment penalties,it is not the traditional sense of non-penalty punishment,but for the perpetrators of the future implementation of the professional crime may take the positive prevention,is the nature of the security measures Penalty penalty.The prohibition system of employment is a new content in the field of criminal law,and it has not yet formed a certain or systematic theory in our country.Study the development history,legislation and application of the prohibition system in foreign countries,and seek a theoretical model that conforms to our judicial practice.First,the nature of the prohibition of practitioners is clear.Through the theoretical research,it is necessary to clarify the specific conditions such as the conditions and methods of the prohibition of employment,so as to reduce the crime rate of the occupation through the appropriate applicable practitioners,and to ensure the social problems such as the economic basis of the criminals,To promote social peace and stability.The non-punishable punishment is a kind of non-penalty punishment.The research of this article needs to break through the case that the traditional criminal law field is limited to the single implementation of penalty or non-penalty punishment.On the basis of this,the author discusses the relationship between the prohibition and the prohibition order and the basis of the application of the injunction,and then establishes the foundation for the judicial practice prohibited by the practitioner.Clearly should be adjusted by the criminal law to prohibit the scope of employment and other laws and administrative regulations of the occupational scope of the distinction,to avoid the waste of judicial resources,to explore the application of prohibited high-risk groups,selective,emphasis on the prevention.A prohibited occupation shall be associated with the offense and whether the offender is prohibited Occupational factors to account for a certain proportion.The prohibition system is based on the defendant's guilty verdict and may be applied.Whether the sentence in the judgment may have a prejudice or an additional penalty,and what kind of penalty may be the prerequisite for the application of the prohibition system,and whether there is an impact on the application of the prohibition of employment in the enforcement of the penalty.Criminals who are not allowed to apply for employment prohibited,sentenced to criminal detention,who are sentenced to imprisonment at the time of adjudication,who are sentenced to life imprisonment and sentenced to death shall be declared to be prohibited from being executed at the time of adjudication;Existing practitioners are prohibited from making enforcement changes that are favorable to the perpetrators.In order to guarantee the equality of application for employment,it is recommended that the discretionary system prohibit the application when the execution of the additional penalty is completed.Article 3 of Article 37 of the Criminal Law of the implementation of the ban on the compatibility should be how to understand.The prohibition of employment is still determined by the people's court on the basis of conviction.The applicable conditions shall be governed by the provisions of the Criminal Law,and the provisions of other laws and administrative regulations shall apply to the application period,so as to ensure that the practitioners prohibit the application of standardization and rigor Resources.