On The Prohibition Of Employment In Criminal Law

Prohibition of employment is a new measure of security measures against crimes committed by criminals set forth in the Criminal Law.It is of positive significance for the consolidation of the content of our legal system of deprivation of certain qualifications for practitioners in our legal system.Due to the lack of practice prohibited in our country theoretical research and the application of judicial practice,the legislation on this system is still inadequate.There are many areas that are in urgent need of clarification and improvement.The full text of about 35,000 words,in addition to the introduction,the main body is divided into four parts:First part,first of all,a clear ban on the scope of the prohibition of employment and the difference with the position.Secondly,it is necessary to clarify the developmental prohibition of employment,the relevant prohibition of employment has originated in China as a punishment for punishment.With the development of different social systems of the times,relevant systems such as "delusional","abolished","chase","imprisonment","relief" and "deprivation of public authority" have been developed.The foreign employment prohibition system originated from reputation punishment,and later developed into a system of depriving public rights and restricting related qualifications.Thirdly,the author explains employment prohibits special prevention and general prevention purposes,and the major functions such as retribution,prevention,deterrence and appeasement that they exert.Finally,the author compares the difference and connection between employment prohibition and deprivation of political rights,prohibition order and other employment prohibitions in laws and administrative regulations.The second part,in theory,the propositions on the nature of the prohibition of employment have the penalty of punishable punishment,non-penalty punishments,security measures,penal auxiliary measures or incidental penalties.First of all,the types of qualifying sentences in our criminal law are only "deprived of political rights" and "deportation",excluding employment prohibition.Second,Article 37 of the Criminal Law is an independent clause that is not subordinated to Article 37 of the Criminal Law.It is inappropriate to define the prohibition of employment as a non-penalty measure.Third,the penalties or supplementary penalties incidental punishment can not reflect the particularity of the prohibition of employment.Finally,it is most reasonable to define the prohibition ofemployment as a security measure.The third part,prohibition of employment for judicial practice,should grasp its legal nature,the principle of necessity,the principle of proportionality.Among them,"using occupational facilities" emphasizes the direct use of the conveniences provided by the occupations in which they are engaged,but they also make use of the occupational facilitation of other co-criminals in joint crimes and can also be regarded as "using occupational facilities." The specific obligation to violate the job requirements refers to a situation that violates the basic occupational norms and rules and requirements,that the relevant practitioners should obey in respect of the job and should act as or does not act as a negative omission.Penalties sentenced to Penalties refer to the main punishments other than the immediate execution of the death penalty,including being sentenced to probation but excluding the additional penalty.The "crime situation" emphasizes the social harmfulness of criminal behavior.The "need to prevent recidivism" focuses on personal danger considerations.The main body of the proposed prohibition of employment should be the investigation and prosecution agencies.The main body of decision shall be the people's court and the executive body shall be the community correction institution.Under normal circumstances,the execution of the sentence or the date of parole as the date of commencement of the prohibition of employment,for those sentenced to probation of criminals,the practice of prohibition from the probation period expires.Prohibition of employment is peculiar to the application of control and suspension of sentence,and a prohibition order should be pronounced at the same time.Other laws,administrative regulations have a special ban or restrictions on the qualification requirements should be based on the deadline to determine the prohibition of employment.There is an objective existence of co-operation between Prohibition of business and prohibition order in the crime of conflict between convictions and punishment.The application of probation,parole,co-operation of prohibition of business and prohibition order should be dealt with in different situations according to the different types of principal punishments.In the fourth part,the current Criminal Law does not stipulate the handling methods and the system of relief for the prohibition of execution of employment and the disappearance of enforcement effect.In order to make the system play a reasonable role,the suspension of execution,suspension of execution and reinstatement system should be added.