Study On Prohibition System Of Employment In Criminal Law

On the basis of extensive research,the criminal law amendment(nine)has added many preventive measures,and the first article stipulates the prohibition system of criminal law.It can be seen from foreign regulations that,as a measure to prevent crime,the prohibition system of employment has already appeared in some countries' criminal legislation,and has formed a more mature applicable framework.Since the prohibition of this system is the first occurrence in China's criminal law,this marks the formal establishment of the criminal law in China.With the rapid development of social economy,develop some relevant occupational crime,our country's freedom penalty and property punishment for its remains patchy,then employed to ban,can effectively extend the criminal law enforcement action,is conducive to maintaining social stability and public interests.There are,however,because the system is first appeared in China's criminal law,the regulation is limited to the first line of "criminal law amendment(nine),it lack of the relevant interpretation and judgment of guidance,based on this,the insufficient place is embodied in the legislation.Therefore,this paper will elaborate the system from three parts through the combination of theory and case: First of all,this paper makes a certain discussion on the summary of the prohibition system of criminal law,mainly focusing on the analysis of its nature and the provisions of foreign criminal law on the prohibition of practice.As for the nature of prohibition of criminal law in China,the author thinks it belongs to non-penalty prevention measures and puts forward its own basis.Second,through the applicable objects,the applicable prerequisite,applicable exception,application deadline and the violation of the legal consequences of five aspects,analyzes the application of the system of criminal law would be banned and make a certain understanding.Of course,these five parts are the key part of the prohibition of criminal law in China,they interact with each other.Finally,guided by the second part of the contents of the system of our country criminal law would be a ban on the lack of legislation,and draw lessons from the first part of the foreign related laws and regulations.In addition,some suggestions on the existing problems of China's system are put forward,specific include a ban on time limit and the improvement of the implementation rules,and so on.To sum up,this paper mainly focuses on the nature of the prohibition system in China's criminal law,the provisions of extraterritorial laws and domestic research on it.At the same time,the research analyzed the regulation on the legislative in our country at present the existence of deficiencies,and puts forward the improvement of the corresponding measures against these deficiencies,to do good to the judicial practice.