A Study On The Prohibition Of Employment From The Perspective Of Criminal Law

With the rapid development of society and Economy,the Division of Labor in the current society has changed greatly compared with the previous,not only the job differentiation has become more and more fine,but also more and more new professional occupations have emerged one after another,with the gradual improvement of people’s living standard and the convenience brought by the clear division of Labor,the cases of using occupation to commit crimes frequently occur.Professional crime has a characteristic that other crimes do not have,that is,most people who use their profession to commit a crime,after the execution of the penalty,will choose to continue the original occupation,because this is their way of survival.At the same time,some more vicious criminals will have in the original professional environment of the personal danger of crime.In order to better solve this phenomenon,China has increased the employment prohibition system.The amendment of this law is of great significance.It not only represents the embryonic form of the employment prohibition system in China,it also indicates that the means of criminal sanction in our country is being perfected gradually.However,due to the relatively simple regulations on the employment prohibition system in our country,the employment prohibition system has very big disputes in many aspects and faces many problems in its application,for example:The nature of the employment prohibition system is not clear,the flexibility of application is poor and so on,so even after a long period of running-in,China’s employment prohibition system of judicial application is still unsatisfactory.This article is a study of the Prohibition of employment from the perspective of Criminal Law.The contents mainly include four major aspects,it is the summary of the employment prohibition system,the analysis of the nature of the Employment Prohibition System,the defects of the application of the employment prohibition system and the improvement of the legislation of China’s Employment Prohibition System.I hope that through the study of this paper,I can really understand the content of the employment prohibition system,in nature,it defines the Employment Prohibition System,proposes the solution measure for the application defect of the Employment Prohibition System,and Consummates the employment prohibition regulation in legislation.