The Practice Of Criminal Law Prohibits The Study Of A Number Of Issues

The employment prohibition added in the "Ninth Amendment to the Criminal Law"is different from criminal punishment,its legal nature is a kind of security measures.Consistent with the purpose of crime prevention against security measures,by the prohibition of the perpetrators engaged in the relevant occupation to achieve the prevention of committing an offence once more.The employment prohibition the Criminal Law is similar to the criminal record system,the injunction and deprivation of political rights in terms of preventing crimes and protecting the society which play a dynamic complementary role in the different levels,different areas of the perpetrators of professional qualifications to restrict or deprived.The legislative value of the employment prohibition is the focus of the prevention of committing an offence once more in the special occupation field.It is necessary to increase employment prohibition,not only necessary to organically integrate the relevant employment prohibition provisions of the other laws and regulations,but also to strengthen the crime preventive function of criminal penalty and the criminal record system.In the concrete application of the employment prohibition,the applicable prerequisite of the employment prohibition is that the offender take advantage of the occupation to commit crime or violate the occupational obligations to commit crime,namely the relevance between crime and occupation.The scope of the applicable punishment condition include control,criminal detention,fixed term imprisonment and given the death penalty with two years reprieve had their sentences commuted to life imprisonment or set terms of imprisonment.According to the relevant provisions,when the court proclaims the employment prohibition,it is necessary to carry out a comprehensive analysis on the basis of the criminal situation and the need of further crime prevention,and accurately judge criminals'personality danger,and then make a decision.Personality danger is not absolute,its production and development fully embodies a dynamic and changing process,therefore,the assessment of personality danger should be followed up timely and through a comprehensive consideration of a variety of factors,judged personality danger.According to the different conditions of violation the employment prohibition in Criminal Law,criminal should be treated administrative punishment and criminal punishment,in order to ensure the effective enforcement of the employment prohibition.On the issue of the cohesion between the Employment Prohibition in criminal law and the other laws and regulations,the amendment stipulate clearly prior suitable other laws and administrative regulations,but how to deal with the priority application,we still need further studying.As a system of innovation,the employment prohibition in Criminal Law need further adjustment and perfect.Due to the current criminal law hasn't specified the procedure of application in detail and unveiled judicial interpretation so far,by using experience of foreign legislative and injunction in the Chinese legal system for Reference,the application of the employment prohibition and criminal record abolition system should be further improved.On the issue of the cohesion between the employment prohibition in Criminal Law and the other laws and regulations,whether the enforcing actions accords with applicable prerequisite of the employment prohibition,coordinate the employment prohibition in Criminal Law and the other laws and regulations.The procedure of application of the employment prohibition should clearly put forward the employment prohibition in criminal law and Express declared time of the employment prohibition in Criminal Law and Matching design time limit and postponed execution and revocation of postponed execution of the employment prohibition with Reference the criminal ordinary procedure.In order to eliminates ex-convicts' mental burden and guarantee the criminal legitimate rights,We should strengthen the system integration of the.employment prohibition in criminal law,criminal record system and the injunction and devote great efforts to promoting the establishment of criminal record abolition system.