Some Discussions On Employment Prohibition In Criminal Law

The "criminal law amendment(nine)",which is effective at the end of 2015,brought a new system—employment prohibition in the field of criminal law in china.As a special system,the promulgation arises a wide range of thinking and discussion in both theory and practice.There is no doubt that the implementation of the system,to a certain extent make up for the vacancy of our country's criminal law,to safeguard public security and stability,to prevent the high-class employment crime situation.but also conforms to the trend of modern concept of criminal law : the mitigation of scientific and diversified trend.This paper is divided into four parts,the first part focuses on the concept of the employment prohibition,characteristic.Employment prohibition refers to a system that practitioners of professional crime who are sentenced to criminal punishment because of using professional convenience or betraying specific duty requirements are determined not to work on a specific job for three to five years.It has the characteristics of prevention,legality,compulsion,non independence,specific subject and object.The second part is about the legal nature of employment prohibition.Nature determines its position in the system of criminal law and arrangement in the lawsuit procedure of the system.The employment prohibition is not a qualification penalty,neither the non-penalty measures of our criminal law,but generalized non-penalty measures.Although there is no concept of security measures in the legal system of our country,but we cannot deny its essence of security punishment.On this basis,it can be distinguished between its similar system such as criminal injunction and deprivation of political rights.The main content of the third chapter is the applicable standard and conditions of the prohibition of criminal practice.The applicable object of criminal prohibition practitioners for the use of occupation to facilitate the crime or violation of the implementation of specific duty occupation requirements of the crime.Rules may seem simple but there is a lot of controversy,the concept of occupation and level belong to different dimensions and the two should be strictly distinguished here.Occupation is a horizontal concept,but the level is the concept of a longitudinal level.Being sentenced to a criminal punishment has its specific meaning,not all kinds of punishment are here to apply,three principal punishments including imprisonment,detention and the control are the “criminal punishment”,but only supplementary punishments cases are excluded,as a method of execution of punishment,probation also belongs here.People who are sentenced to non-criminal punishment because of minor behavior should be determined to employment prohibition when necessary.For the controversial death penalty suspended for two years and life imprisonment,standing on my position,working mechanism should be ruled in the criminal penalty is executed or imminent parole when the people's court shall make a ruling,therefore,the penalty also includes the death penalty suspended for two years and life imprisonment.After meeting the requirements of the object,whether the application of the criminal employment prohibition is determined by its substantive standards: requirement of crime prevention and crime.The judge has some discretion according to different circumstances of the case.If criminal betrayed people's court's ruling,it shall be given an administrative punishment by the public security organ.If the circumstances are serious,he shall be convicted and punished in accordance with the law of refusing to execute the judgment or order.When certain laws and administrative regulations have the prohibition of employment regulations,the people's court shall be in accordance with the provisions of other laws and administrative regulations on the deadline to make the corresponding criminal defendant employed a decision to ban,no longer confined to the period of three to five years of the first paragraph.On the basis of the above argument,the fourth part of the thesis is on the criminal procedures for the prohibition.In the application of criminal procedure,the people's Court will decide whether the banning is used when the penalty is going to end or the criminal will be released on parole according to its current situation.Whether there is a need to prevent the implementation of occupation crime,whether to prohibit the behavior of employees who refuses to accept the ruling,he or she may apply to the people's court at a higher level for reconsideration.If he or she is still not satisfied,he or she may appeal to the people's court at a higher level for appealing.Taking into account the rationalization of the allocation of resources in the judiciary,the criminal prohibition of executive bodies can be considered to be responsible for community corrections agencies.