Research On The Prohibition System Of Employment In Criminal Law

Based on the need to defend the society and prevent recidivism,the Criminal Law Amendment(IX)has added a new prohibition on employment for the first time.It is a change from the administrative field to the criminal law field,and it also makes China’s criminal law sanctions model more diverse.Sex.However,from the specific implementation situation in practice,the application of the prohibition of employment in the criminal law has not achieved the expected effect.With the establishment of the prohibition system,many problems worthy of study have followed.Among them,if the practice prohibits how to be qualitative,how to coordinate with the provisions of the previous administrative law,and how to accurately grasp the scope,conditions and procedures of the prohibition system.This article is mainly composed of three chapters,from the standpoint of defending society and preventing recidivism,with a view to solving the above problems.The first chapter is an overview of the prohibition system.It mainly discusses the content,characteristics and nature of the prohibition system,and enumerates the contents of some foreign employment prohibition systems,and analyzes its reference significance to the existence of the prohibition system in China.By comparing domestic and foreign research on the nature of the prohibition of this system,it is considered that the newly established prohibition system in China is a kind of security measures.The second chapter is the analysis of the legal provisions of the prohibition system.It mainly analyzes the provisions of the prohibition system for employment in the Criminal Law Amendment(IX),and analyzes the four conditions: preconditions,penalties,substantive conditions and violations.The third chapter is the application of the prohibition system in the criminal law.It mainly analyzes the prohibition of employment that existed in other laws and administrative regulations before,and combines the provisions to do a good job of linking and contrasting with the prohibition of criminal law.Compare and analyze the prohibition system in China and the relevant provisions of the previous administrative regulations established in the Criminal Law,do a good job of connecting the two,and better improve the penalty system in China.In addition,it is aimed at the current enforcement of the criminal law,further research on the main body of implementation and implementation procedures,and it is recommended to introduce community corrections in the prohibition of employment.At the same time,we must pay attention to the protection and protection of the rights of the perpetrators in the process of applying the prohibition system.