Research On The Application Of The Employment Prohibition System In Criminal Law

Employment prohibition is not a new system.It has existed in various periods of foreign criminal law history in different contents and forms.It has gone through the repeated process of "light and mildness-severe cruelty-lightness and mildness" to the near future.In modern times,this system has become a tool used by most countries to prevent and punish professional crimes.However,my country’s criminal law has relatively lagging behind the prohibition system of employment.It was not until the introduction of the "Criminal Law Amendment(9)" in 2015 that this situation was broken,which stipulated the prohibition system in Article 1.Prior to this,most of the regulations on prohibition of employment were scattered in administrative regulations,economic law,and commercial law.For example: "Entertainment Place Management Regulations","Accounting Law","Securities Law",etc.The prohibition of employment as one of Article 37 of the Criminal Law,due to the general and vague legal provisions,and the system has not yet issued a corresponding judicial interpretation,although there are many theoretical studies on the prohibition of employment in the academic field,but There are still many controversies regarding the legal nature and applicable conditions of the prohibition of employment,the relationship between the prohibition of the criminal law and the prohibition of other laws and administrative regulations,which makes the application of prohibition in judicial practice low and inconsistent.And other issues.This article intends to make a deep research on the system of prohibition of employment,aiming at helping the judicial staff to accurately understand and correctly apply the practice prohibition system.Specifically,this paper mainly studies from the following aspects:First of all,it is clear that the nature of the employment prohibition system is a security measure.On this basis,the legal basis for the existence of the employment prohibition system is analyzed and the legislative value of its existence is affirmed.Then it expounds the application principles of the employment prohibition system,and guides the specific application issues of the employment prohibition below.Secondly,discuss the specific application of the employment prohibition system.This part discusses from four aspects,followed by the formal conditions,substantive conditions,legal consequences after application and other issues in application.The formal conditions mainly refer to the determination of the applicable objects of the employment prohibition system,that is,the identification of professional criminals and offenders,the definition of the scope of "occupation",and the scope of the sentence of "penalty".Secondly,the substantive condition refers to the understanding of "criminal situation" and "need to prevent recidivisim" is essentially a judgment of the personal danger.Then comes the legal consequences after application,mainly discussing the definition of occupational relevance,that is,how to reasonably determine that the prohibited content has achieved the purpose of crime prevention.Finally,there are other issues in the application of employment prohibition,including whether unit crimes can be applied to the employment prohibition system,the announcement of the employment prohibition,and the retroactive issue of the employment prohibition.Finally,solve the problem of the execution connection of the employment prohibition system.Through the analysis of the current status of the administrative prohibition of employment and the difference between it and the prohibition of criminal employment,we can deeply understand the system of prohibition of administrative employment.On this basis,conduct an in-depth discussion on the nature and meaning of the "according to its provisions" clauses,as well as the scope and rules of invoking when applying the "according to its provisions" clauses,so as to seek coordination between criminal and administrative prohibitions Be applicable.