| In 2021,the Administrative Punishment Law was amended and added the administrative punishment of "employment restriction" type.This change is not only an update of the type of administrative punishment,but also a summary of the existing administrative measures.However,after a long period of "barbaric growth",there are many accumulated disadvantages in the setting and implementation of "employment restriction".Before the current revision of the Administrative Punishment Law,some scholars noticed the existence of relevant problems and tried to conduct research from various angles such as "prohibition for a certain period of time","prohibition","administrative blacklist","punishment for breach of trust",and "follow-up supervision of administrative license".However,due to the lack of progress in the legislation of administrative penalty at that time,many studies have deviated from the research objectives of "employment restriction" to varying degrees,but of course this does not affect its important reference for the study of the type of administrative punishment.After the revision of the Administrative Punishment Law,some scholars have re-entered this field.However,on the basis of relatively clear research objects,there has been a lack of understanding of the characteristics of "employment restriction",leading to a series of studies generally showing a lack of the pithy theoretical grasp.In view of the above background,on the basis of in-depth analysis of the particularity of "employment restriction",this paper proposes to take the continuous supervision function of the administrative restriction of employment penalty as the starting point,take this function as the perspective,examine the setting and implementation status of "employment restriction",and then provide a solution with reference value for the solution of related problems.The full text is divided into five chapters,three parts:The first part is the certification of the continuous supervision function of "employment restriction",which is mainly composed of the first chapter.The first chapter combs the history of the development of "employment restriction",and then expounds the basis of the continuous supervision demand for the generation of "employment restriction",as well as the specific connotation of the continuous supervision function,including the restriction of people’s professional freedom as a means,and the prominent feature of the long-term non-benefit burden,and finally demonstrates that the continuous supervision is the core function of "employment restriction".The second part is the research on the value of the continuous supervision function in clarifying the concept and operation mode of "employment restriction".It is composed of the second and third chapters.Among them,the second chapter focuses on the construction of the identification rules of "employment restriction",relying on its continuous supervision function,solves the problem of how to distinguish the "employment restriction" from the other six similar administrative punishments in the Administrative Punishment Law.The third chapter focuses on the inspection of the mechanism of "employment restriction" itself.First,it is about whether the concurrent application of "employment restriction" and other administrative punishments is in conflict with the "principle of no two penalties for one thing".This part demonstrates the source of its negative answer and strengthens the theory of the continuous supervision function of "employment restriction".Secondly,based on the "principle of prohibiting improper connection",the author tries to construct the logical boundary of the setting of "employment restriction",and points out that the purpose of continuous supervision should not exceed the professional norms itself to guide the setting of "employment restriction".The last part discusses the connection between the administrative restriction and the criminal punishment,especially the coordination mechanism between the administrative restriction and the security punishment of "employment prohibition".The third part is the description of the practical problems existing in "employment restriction" and the explanation of its solution.This part is composed of the fourth and fifth chapters.Among them,the fourth chapter points out that there are problems such as the institutional elimination of the continuous supervision function,the supervision intensity exceeding the reasonable limit and the lack of the supporting system of the continuous supervision function.In response to the above problems,the fifth chapter proposes that it should be solved by prudently setting up the "employment restriction",curbing the disorderly expansion of supervision,and improving the supporting mechanism of administrative restriction employment punishment.Finally,it should be noted that continuous supervision itself is a means,not an end.As a research perspective,it can help to analyze and explore the "employment restriction".It is necessary to be alert to the circular argument trap of functionalism,and emphasize that the purpose of the standardization of "employment restriction" is to promote the government to better serve the people. |
