On The Definition And Application Of The Prohibition Of Employment In The Criminal Law

In 2015,the Criminal Law Amendment(IX)added a system of prohibition of employment.As a new system,the supporting laws and regulations were not perfect,and the research on the prohibition of employment was just beginning.As a new system of criminal law,without systematic and in-depth research,it will bring a lot of confusion to judicial practice.Therefore,it is necessary to sort out the relevant provisions and nature of the prohibition of employment.The purpose of this paper is to analyze the prohibition system,non-punishment measures,qualification punishment,differences in nature,and deeply explore the nature and legal functions of the non-penalties and auxiliary measures prohibited by the industry,and fully highlight the prohibition system.Reasonable and forward-looking,in order to give full play to the preventive role of the prohibition of employment.The realization of the effects of any criminal law measures requires the joint efforts and mutual adjustment of the theoretical and practical circles.Therefore,the practice of prohibiting the better transition from the law of law to the law of reality,truly meet the needs of social development,achieve the expected implementation effect,and realize the legislative value of the prohibition of employment.The first chapter of this paper starts with the legal provisions and combines its legislative background,and analyzes the inherent logical relationship of the prohibition of the law,in order to prove the rationality and necessity of the establishment of the prohibition system.On the basis of the first chapter,the second chapter is to show the current mainstream view of the prohibition nature of the industry.Since it becomes a mainstream point of view,there is a certain theoretical support behind each point of view.The situation of mutual opposition and struggle tends to lead to confusion in practice.Therefore,it is necessary to analyze the problems and rationalities from the perspectives of theory and law for each viewpoint.Where,after the analysis of various viewpoints,the most agreeable viewpoints of this article are obtained.The problem arising from the second chapter is that the current research on the prohibition of employment in China is not deep enough,and the fundamental nature of the crime has not been unified.As a result,many problems arise in the application.The third chapter of this paper is the judicial application of China's current prohibition on employment.problem.Explain the specific application problems prohibited by the industry from the applicable scope and conditions.The fourth chapter puts forward the immature perfectionsuggestions on the issues raised in the third chapter,hoping to promote the perfection of the prohibition system and guarantee the realization of the function of the prohibition system.