Research On Legal Provisions Applicable To The Unit Crime Profession Prohibition

Along with the progress of society,the evolution of economy,the occupational division of work is constantly refined,and the phenomenon of crimes by means of employment convenience or qualifications is also emerging.Only relying on the existing criminal laws and regulations,it is clear that the intended purpose of punishment and prevention cannot be achieved.For the first time in one of the thirty-seventh articles of the Criminal Law of our country,it is forbidden to be included in the criminal law.It is undoubted that the practice of prohibiting the application of natural persons is applicable.However,if the unit violates the criminal law and constitutes a crime,can it be applied to the criminal unit? China's current "Criminal Law" is not allowed.The point of view of this paper is that if the unit constitutes a crime,it can apply to the unit to prohibit the practice and based on that point of view.The thesis is divided into four chapters.The first chapter is an overview of the prohibition of employment,which consists of the concepts,characteristics and nature of the prohibition of employment.The prohibition of employment is prohibition of engaging in certain specific businesses.Regarding its nature,there are three main points of view in the academic world: the qualification punishment,the non-penalty punishment and the security punishment.The author evaluates and expresses opinions on the above viewpoints one by one,and considers that China's Criminal Law The prohibition of employment specified in the regulations shall be subject to security measures.The second chapter analyzes the dilemma of the application of unit crimes.This part first analyzes the social harm of unit crime,the rationality of penalty allocation,and the lack of other laws and regulations on the unit regulation.Later,it proposes that the application of unit crime prohibits the lack of clear legal basis and the existence of applicable operability.Specific problem.The third chapter mainly expounds the legitimacy and feasibility of the application of the unit crime.The fourth chapter expounds the analysis of the prohibition of the employment of unit crimes.This part is introduced from three aspects: the principles,conditions and procedures for the application of unit crimes.First of all,we must abide by the tenet of necessity,the tenet of proportionality,and the tenet of scientificity.Secondly,the three conditions of preconditions,substantive conditions,and restrictive conditions explain the specific conditions for the application of unit crimes when they are prohibited from employment.Finally,the application of unit crimes is prohibited.Procedures,including the application and prosecution,remedies,and enforcement and supervision prohibited by the employer.Through the above contents,this paper proves that the unit crime can be applied to the prohibition of employment,and strives to improve the relevant specific regulations.It hopes to promote the use of the practice in the judicial practice in China,and finally achieve the positive effect of preventing recidivism.However,I have to admit that there are still many problems in applying the practice of ban on unit crimes at the criminal law level.For example,the application of the law in the criminal law prohibits the connection with other laws and regulations,and the possibility of re-offending the unit.In order to solve these problems,we must develop the theory and practice together,and it is forbidden to provide more favorable theory and technology support for the application of unit crimes.