Research On Judicial Application Of The Criminal Prohibited Practitioners

Entering into the new era,the criminal situation in China tends to be complicated and diversified.The constant emergence of professional and habitual offenders poses new challenges to social governance and social stability.Against this social background,the standing committee of the National People’s Congress(NPC)adopted the amendment(ix)to the criminal law and added a prohibition system for criminal employment.In the penalty and even the function of the criminal law changes this node,this move is of great significance.As a new means to curb crimes,the criminal practice prohibition system has enriched the criminal sanction system,improved the criminal governance structure,and provided a new pattern for the realization of criminal consequences.Since the employment prohibition system was put into punishment,it has aroused great interest in academic circles.However,it must be admitted that the theory and judicial application of the prohibition system are still in the initial stage,the systems need to be improved,and relevant theories need to be further improved.At the same time,the discussion on the legal nature,application conditions and improvement scheme of the prohibition of employment also resulted in some serious differences,which made it difficult to carry out further research on the prohibition of employment system.In addition,in the judicial practice of employment prohibition,there are some judicial examples that apply the criminal employment prohibition when it is used but not used,and when it is not used properly,thus causing some confusion to the judicial practice department in the application of this system.Needless to say,the era of criminal law intervening in social governance with more active attitude has come.To promote the legislation and judicature of the prohibition system,relevant research should not stay at the level of theoretical speculation,but draw more sufficient nourishment from practical cases.Up to now,scholars’ discussions on the nature of employment prohibition have gradually focused on such viewpoints as qualification penalty,security punishment and non-penalty punishment measures,but no consensus has been reached.There are increasingly loud calls to improve the procedures for banning employees,mainly focusing on extending the applicable period,clarifying the executive organs and improving the implementation procedures.The judicial application of the employment prohibition system has been accumulated,and some common characteristics have been initially.formed,showing a relatively high application rate in some crimes,such as food safety crimes and environmental pollution crimes.Based on the existing research,this paper takes the judicial application of criminal employment prohibition as the research topic,deeply discusses the basic theoretical problems and judicial application of criminal employment prohibition,and puts forward some Suggestions on reflection and improvement of the system of criminal employment prohibition.