On The System Of Prohibiting Employment In Chinese Criminal Law

"Criminal Law amendment(nine)" additional employees prohibited system,its provisions: "due to the use of occupation to facilitate the crime,or the implementation of specific obligations against occupation requirements of the crime was sentenced to criminal punishment,the people's court may need to according to the crime prevention and crime,the ban since the date of completion of the execution of punishment or parole the date in the relevant occupation,for a period of three years to five years".The prohibition of employment in criminal law is a system that deprives the criminal who has been sentenced to a penalty for a specified period of time or for a lifetime to engage in a particular professional activity or other activities.Its formulation is conducive to curb the openness of the scope of protection of occupational freedom,and the threat to public security and order is the innovation of the prevention system in the field of criminal law.The correct application system,cut off the crime after the completion of the penalty,and by virtue of its occupation and convenient way to commit the crime again,to further develop the value function of probation measures,to establish and perfect the construction of crime prevention system in China,has a very important significance.But as a kind of system in the field of criminal law in China,the system of prohibition of employment is too simple and vague,which brings many difficulties to judicial practice.Therefore,it is necessary to make a further demonstration and discussion of the system,so that the system can play a better role in practice.In this paper,by comparing and exploring additional reasons,practitioners prohibited criminal law legal nature and related system,the application of China's criminal law practitioners prohibited and imperfect aspects of development are discussed.It consists of five parts,the main contents are as follows:The first part is the introduction,which mainly introduces the background and significance of the research,and introduces the research status at home and abroad.In the Criminal Law amendment(nine)added in forbidden background,in-depth study of this problem,for the application of the system and provide theoretical support,and promote the field of criminal prevention legislation,are of significance to the guidance of social value etc..The second part is the theoretical analysis of the prohibition of employment in Criminal Law.In this part,the author discusses the necessity and necessity of setting up the prohibition of employment in the criminal law by discussing the particularity and value basis of setting up the basis of prohibition of business and the establishment of the prohibition of employment in Criminal Law.The third part is the comparative study of the legal nature of the prohibition of employment in Criminal Law.The amendment(nine)does not specify the legal nature of the prohibition of employment in criminal law.In this part,the author lists several viewpoints in the academic circles,and points out that it is appropriate to apply the prohibition in the criminal law.In addition,through the comparative study of the relevant system,to further clarify the particularity of the prohibition of employment in criminal law,in order to strengthen the application of the system.The fourth part,the prohibition of operation in Criminal Law.This part mainly analyzes the application principle of the prohibition in the Criminal Law from the principle of necessity,the principle of proportionality of legal interest and the principle of feasibility.At the same time,from the "occupation" scope definition,the applicable conditions are introduced in prohibited operating entity rules,and with the declaration,prohibited from practitioners retroactivity,execution,relief and other aspects of the operation of the system introduces the rules of procedure.Through these,in order to better understand how the system in practice is how to run.The fifth part is about the perfection of prohibition in the Criminal Law.This part advocates exclusion of qualification restrictions and regulations,additional units restricted the additional employees rehabilitation system,in violation of the prohibition of the terms of the refinement of practitioners punishment basis from parole date,hope these suggestions to further improve the system,to establish the system of prohibition of business fair and reasonable and practical.