A Study On The Judicial Application Of "Prohibition Of Employment" In Criminal Law

At present,the use of professional convenience to implement crime and the implementation of specific obligations in violation of professional requirements of the crime gradually increased,in order to achieve the purpose of crime prevention,and better maintain social order,"Criminal Law Amendment(9)" Article 1 added"practitioners Prohibit "clause,for those who meet the conditions for three to five years of prohibited business restrictions.In foreign countries,this is a more mature provisions.But for our country,it is a new provision,in the absence of the corresponding judicial interpretation and case guidance,There are many problems in the the specific judicial application.There is controversy in the legal characterization of "forbidden practitioners".There are security points,saying that the nature of the law stipulates that the nature of the law is the prerequisite for the judicial application.Its application must also follow certain principles,when necessary,not all meet the appropriate penalties for the behavior of the person should apply "practitioners prohibited." There are different views on the applicable conditions in the academic world.In addition to the criminal law,many laws and administrative regulations have provisions on the prohibition of employment.How does the "practitioner's prohibition" in the criminal law and the prohibition of the non-criminal law are applicable?There is not a conclusion.In the judicial application,it is not clear that the time of declaration of "employment prohibition" is not clear by the organ that is prohibited by the practitioner.The punitive measures of the enforcement organ and the supervisory organ and the violation of "forbidden practitioners" are also the problems that need to be discussed in the judicial application."The specific implementation measures,whether there is relief system,etc.,there is a need for further research.The study of the judicial application of "forbidden practitioners" is carried out to discuss whether the principal and additional penalties imposed by the perpetrators are applicable to "prohibiting the practitioners" and give reasonable suggestions to the difficulties in the application of the judiciary and contribute to the realization of the purpose of preventing crime,To overcome the legal imperfections,to promote the"practitioners ban" the application of a unified standard of justice,and thus promote the improvement of China's criminal law system.