The Applicable Problems Of "Prohibition Of Employment" In Criminal Law

The enactment of the Ninth Amendment to the Criminal Law has raised the “prohibition of employment” to another consequence besides penalty after violating the criminal legal norms.And the “prohibition of employment” is one of the security measures in nature.Empirical statistics show that the “Prohibition of employment” is mainly applied to crimes in the field of food and medicine,most of which are crimes of violating specific obligations of professional requirements.The “Prohibition of employment” applies only to criminals convicted of principal sentences,and takes effect after the execution of principal sentences or parole.For criminals convicted of life imprisonment and death penalty,the court should decide whether or not to adopt “Prohibition of employment” when handling commutation or parole.The risk of recidivism is the substantive condition for the application of “Prohibition of employment”.We should set clear parameters for it and set the maximum boundary for the scope of “relevant occupations” prohibited to engage in,so as to find a balance between guaranteeing the re-employment of criminals and defending society.The “Prohibition of employment” in criminal law is different from the “prohibition order” and the prohibition of practitioners who have criminal records.These three legal systems complement each other.Under the strict system of “criminal record prohibition”,the “prohibition of employment”still plays an irreplaceable role.Procuratorial organs should strengthen the legal supervision before and after the application of the “Prohibition of employment”,make full use of the “prohibition of employment” system,and strengthen the legal effect of special prevention.