Research On The Prohibition Measure Of Employment In China's Criminal Law

Prohibition Measure of Employment refers to the crimes committed by criminals when they use their own occupations or violate their professional requirements.The People's Courts make certain deadlines for such criminals according to the specific circumstances of the case and the needs of special prevention.In this deadline,the criminal engaging in certain occupations is prohibited.Since the establishment of this measure in the Criminal Law Amendment(IX)in2015,in the judicial practice,the prohibition measures have gradually been applied to the People's Courts.This article examines and applies certain cases prohibited by the practice,and compare to the similar measure such as Injunction of the Criminal law,found that there are some problems that need to be explored in terms of the prohibition of the connection with the Injunction.In modern society,the spirit of modesty in punishment is gradually deepening into the hearts of the people.The trend of light punishment and non-penalization of punishment is becoming more and more obvious.Under the background of this era,the Prohibition of Employment is to be independent,or to keep up with the trend of the times.It is a problem that needs serious consideration.If there is no clear direction,it will only lead to more serious problems.In particular,the implementation of this measure is directly related to the offender's return to society after serving his sentence.If the "rice bowl" for making a living is improperly applied,it will directly damagethe labor rights of the criminal and will not be conducive to the "re-socialization" of the criminal,which may lead to adverse consequences.In view of this consideration,this paper attempts to trace the roots from history,fully restore and understand the nature of the prohibition measures,and provide a certain direction for the use of this measure in judicial practice.This paper adopts case studies,literature research and comparative research methods to stimulate thinking in the text,and then through literature research,collect relevant information on the prohibition measure of employment,and list different views on the nature of the prohibited measures.The foreign experience and ancient Chinese related measures was incorporated into the field of vision and objectively characterized its nature.Seriously reflect on the theoretical and practical problems of China's prohibition measure of employment,seek solutions,and finally make some suggestions on perfecting China's prohibition measure of employment on the basis of comprehensive consideration of extraterritorial experience and actual conditions.In order to make a deep research on this measure in the judicial practice,and strive to solve various problems including but not limited to the above,this paper starts with the concepts and characteristics of the Prohibition Measure of Employment.and clarifies this measure prohibits legality,flexibility,affiliation,specificity,and supplement as basic characteristics.The paper argues that there are five differences between the Prohibition of Employment and the Criminal Injunction,such as the applicable premise,specific content,implementation time,violation of consequences,and legislative purpose.There are also many differences between the Prohibition of Employment and measures prohibited by other laws and regulations.Because the current academic circles have many different views on the nature of the Prohibition of Employment,this paper explores the extraterritorial and domestic origins of the prohibition of employment measures,and discovers its origins in the extraterrestrial ancient Babylon and ancient Roman law,and has been tarnished and victorious since the West Zhou Dynasty.The traces of five traditional punishments,such as waste,imprisonment,and exemption,have provided a strong basis for understanding the Prohibition of Employment from a historical perspective.At thesame time,this paper also analyzes the theoretical basis and realistic background of the Prohibition of Employment,and concludes that the principle of its function is mainly from the legitimacy of the purpose of criminal law and the effectiveness of crime prevention.In reality,to coping the professional crimes,to defense the society,the implementation of the criminal policy of tempering leniency and the promotion of penal measures have become more realistic,and have also raised practical needs for the application of the Prohibition of Employment.On the basis of fully considering these factors,the paper expounds and comments on several main viewpoints on the nature of the prohibition of employment,and believes that the nature of the Prohibition of Employment is non-penalty punishment.With regard to the application of the Prohibition Measures of Employment,the paper conducts a comprehensive and in-depth analysis and research on the application of the Prohibition of Employment from five aspects: its applicable object,applicable basis,applicable principle,applicable time limit and applicable protection.The thesis defines the occupations that are prohibited in the practice,and discusses the principles that should be followed when the judicial application is applied from the three aspects of the criminal law's modest principle,the proportional principle and the case balance principle.At the same time,the applicable basis,time limit and safeguard measures are carefully analyzed..Since the introduction of the prohibition measure in China's criminal law is not long,there are still many places that need to be further clarified or improved.This article is from the rationalization of the application period,the scientific application period,the diversification of implementation supervision,and the whole process of relief.Give some suggestions for solving ambiguities to making appropriate improvements.In addition,the integration of the prohibition of legal prohibition measures,including the integration of other laws and regulations and the internal measure as injunction of criminal law,also provide some forward relevant ideas,and made a long-term introduction of a certain degree of trading mechanism.The purpose of the concept is to use the little to get the big,so that the prohibition measures for the practice of criminal law in China are becoming more perfect,and gradually play anmore important role.The article is divided into three parts: introduction,text and conclusion.The introduction part introduces the reason of the topic and the academic circle on the nature of the prohibition of employment,and clarifies the research purpose,innovation and inadequacies.There are four chapters in the text part,which correspond to the above four parts,namely: the first chapter draws out the thinking from the case,and discusses the similarities and differences between the concepts,features and similar concepts;the second chapter is the history of the prohibited measures.The origin and the actual background are analyzed,and the viewpoints of this paper are clarified.The third chapter mainly discusses the specific application of the prohibition of employment in the judicial practice.The fourth chapter puts forward some suggestions for the related problems of the application of the prohibition measures of employment.