The Nature And Application Of The Employment Prohibition System In Criminal Law

The employment prohibition system which is one of the thirty-seventh articles of the criminal law is the new regulation------ninth amendment in the criminal law.It doesn't only need a systematic exposition of the concept and the nature of theoretical issues,but also needs know its scope,relationship between administrative law and criminal law.This paper employs five legal systems which are prohibition and security punishment,non-penalization punishment,qualification punishment,injunction,and criminal record system as a starting point for analysis,digging out the employment prohibition has the nature of non-penalty auxiliary measures,and combined with the legal nature and the legal function to further explore its application ways.Since the effect realization of any criminal measures requires the coordination and cooperation of three links which are legislation,trial and execution,so this paper implements and promotes the regulation of employment prohibition from Chinese current community correction system,and broadens the relief channels of interested party refer to the relevant provisions of China's criminal procedure law.Therefore,the system of employment prohibition can really achieve the desired effect of the criminal law.This paper focuses on employment prohibition system,The purpose of the study is to clearly explore its nature,define the application range of law,and find out the relationship between it and criminal record and injunction to guide the judicial practice.This paper includes five chapters.Chapter 1 first introduces the legislative background and legislative value,and analyzes articles of law.It combs the relation between the third and the first administrative laws and regulations,and further explores the scope of "occupation" in employment prohibition.Chapter 2 lists scholars' different opinions about the nature of employment prohibition.Then the author points out his own opinion about the nature of employment prohibition,which is employment prohibition in the criminal law belongs to non-penalty treatment measures.Chapter 3 analyzes the difference and relations between employment prohibition and the criminal record institution and the system of prohibition.Chapter 4 discusses the judicial application of employment prohibition,analyzes that whether the time of declaration of employment prohibition and public surveillance are applicative,thinks and analyzes the evaluation of existing recidivism risk,and point out employment prohibition is applicable to China's community correction system.Chapter 5 further discusses the limitation of existing employment prohibition,and perfects the related procedure according to the need of development of employment prohibition system and the compulsive treatment system of psycho.