Research On The Prohibition Of Employment In China's Criminal Law

The prohibition of employment is the decision made by the people's court to prohibit the specific offender from engaging in related occupations within a certain period of time.It has employed the incidental,the applicability and enforceability of,is the development of science and technology,economy and society,constantly improve the product system.Prohibition against specific crimes is a key preventive measure for the risk of repeated crimes.It does not belong to the newly established category of punishment,nor is it a qualification punishment,but a security measure.And other laws and administrative regulations in the banned provisions compared to in addition to the different legal nature,different applicable objects,different purposes,different applicable procedures,it is enforceable higher,because the law clearly stipulates:the people's court in violation of prohibition decision if the circumstances are serious,in accordance with the provisions of the criminal law(article 313rd("(refusing to execute the judgment,the crime of conviction and punishment).At the same time,it also has very strict conditions;one is the use of the body must be engaged in the convenience of occupation formation,or violation of occupation duty criminal action,the two is to be sentenced to the penalty for the premise,three is based on the needs of crime prevention and crime to decide.It is forbidden to realize the purpose of crime prevention in a more effective way by combining with the provisions of other laws and administrative laws and regulations.But as a new criminal law,it still exists many problems in the judicial application,for example;who can be brought to a people's court,how to perform business practitioners prohibited prohibited implementation,raises an objection to the decision of relief measures to prohibit employment and so on,all these problems need further research.The full text is a total of four parts,about 30000 words.The first part is an overview of the basic problems of the prohibition of employees,mainly including four aspects from prohibition of concept,characteristics,and other practitioners prohibited in regulation of difference,legislative background;the second part describes the different viewpoints about the nature of the employment ban security measures,discusses the nature of our business and its position in the forbidden in the criminal law;the third part is the detailed interpretation of our employees prohibited provisions of the law,including the first practitioners prohibited legal condition,second employees in violation of prohibited legal consequences and the third paragraph "from the provisions of the understanding;the fourth part is about the employment ban in judicial application problems the thinking is divided into prohibited and declared,practitioners filed to their decision to ban objection relief,but also on how to implement the ban the implementation of employees asked The question put forward his own suggestion.