Study On The Prohibition Of Employment In Criminal Law

he employment prohibition system was added in the criminal law amendment(nine)in 2015.Its nature can neither be attributed to punishment or to coercive measures.It should be attributed to the security measures which are increased and perfected in the criminal law of our country.Now the punishment measures as punishing crime tools have been difficult to fully achieve the organic combination of punishment and prevention,so the preventive effect of security measures began to be valued,this dualism standpoint is more and more accepted by the public,injunction and compulsory medical security measures with obvious color system has earlier been adopted criminal law and criminal procedure law.As with the purpose of security measures,the system of prohibition of employment has reached the goal of preventing the crime by prohibiting the perpetrator from engaging in a certain occupation.The dual track system formed by the prohibition of employment and criminal record system restricts or deprives the actors from engaging in a certain occupation at different stages,levels and ways,thus forming a complementary situation.Although the employment ban plays an important role in the integration of the relevant provisions of the administrative law,but in the specific application level there are still a lot of lack of specific criteria,such as the "occupation","limited degree after the completion of the penalty in the penalty includes species," the provisions "and other administrative regulations the problem of convergence will require further study.No working as a security measures,must strictly follow the principle of purpose,appropriate principle and scientific principle;the behavior of people by the criminal punishment,the behavior has a probability and the perpetrators of crime and occupation of the three pre conditions association.The judgement and representation of the possibility of recidivism must be judged by scientific method,because judicial personnel's experience judgement and rational judgement often have no identity.The limitation is related to the degree of occupation " should also be possible to reduce,or as strict prohibition system employed preventive measures will have a great impact on the criminals to return to society,the basic survival is not guaranteed under the condition,it will induce the crime risk,and the security measures aimed at draw further apart.Based on this,this paper states the basic interpretation from the "probability" and "occupation specific obligations" and "penalty types" and other aspects,comparing the foreign legislation specifically prohibits employees found lack of system of our country in the unit employment prohibition,rehabilitation system,and follow-up examination,supervision and relief procedures and other aspects of the legislation still tends to blank,finally stood on a stand on the security measures on how to improve the employees are prohibited specific improvement path.To sum up,when interpreting the theoretical provisions,this paper will also give some perfect measures to the blank area of the system,hoping to benefit the improvement of the prohibition system.