The Theory And Empirical Study Of The Institution Of Employment Prohibition

In order to apply to the changes of the social situation and the transformation of penalty concept from punishing crime to preventing crime,the "employment prohibition" clause has been added to the criminal law amendment(nine)in China,which has made the prevention measures similar to security measures in China mature.However,for the system of prohibition of employment,it is still in the exploration stage,and the relevant supporting system is not perfect.There are different views on the nature of the "employment Prohibition " In the areas of academia,such as "qualification penalty","penalty measures","security measures".At present,there is no relevant judicial interpretation to provide guidance on how to apply the employment Prohibition,so as to the system of employment Prohibition is easily forgotten and shelved.Therefore,this paper aims at analyzing the system of employment Prohibition through theoretical and empirical research,in order to put forward reasonable suggestions,fully play the role of crime prevention,to make up for the disadvantages of our penalty system.The system of employment prohibition is not created firstly by our criminal law,as early as in the "criminal law amendment eight" the ban has forbid prisoners engaged in criminal relating activities,including the related occupation.In the administrative regulations,many industries has their norms such as the "Teacher Law","the Securities Law ",but the significance is extraordinary in addition of employment prohibition,because the system is not a simply repeat,but rose to the height of the criminal law.In this paper,By comparing the difference of prohibition,employment prohibition,and the former criminal institution,the difference between security punishment and penalty measures to analysis the nature of employment prohibition from different aspects;and define the concept of the profession in of the "using the convenience of occupation" or "violating specific obligations;Analysis the main subject,object,the consequences,declaration,supervision and performance;application of the method of big data of the judicial practise to analyzed the employment prohibition and compared with the ban;Learning the advanced experience of the system of employment prohibition from the other countries and regions from the perspective of comparative law.So as to giving some suggestions on the principle.nature,subject,object,deadline,procedure of the employment prohibition on the basis of our country's specific situations.