On The Prohibition System Of Employment In The Criminal Of China

In "criminal law amendment(ix),prohibit employment for the first time officially listed in the category of criminal sanctions.Employment prohibition system is an expansion and innovation of China’s criminal sanction method,which indicates the functional transformation and structural transformation of China’s criminal penalty measures.The positive significance of the system lies in the crime prevention on the basis of the personal danger of the actor,which is different from the legal characteristics and retribution purposes of the qualification punishment,and is also different from the applicable procedures and function realization of the non-penalty punishment measures,and in essence conforms to the applicable conditions and legal consequences of the security punishment.By analyzing the legal nature and the essence of the right of the prohibition of criminal practice,the author further explores the connotation and extension of the prohibition of criminal practice.In order to ensure the legality and rationality of the operation of the prohibition of criminal practice and system to give full play to its institutional function of crime prevention.The application of the system is subject to strict conditions,which are based on the premise that the criminal is punished for committing a crime by taking advantage of the occupation or the crime that violates the specific duty of the occupation.The restriction scope and duration of the employment prohibition on the actor’s occupational freedom should not exceed the actor’s actual need of social danger,and the damage caused by the actor’s occupational freedom should not be separated from the purpose of preventing re-offending.Preventing occupational crime at the same time,we also want to realize,from banned as a civil rights restrictions,there are too much intervention citizens freedom of occupational hazard,is likely to affect the offender’s production and living,increase the difficulty of their return to society,therefore,must from the procedure and entity the necessity of establishing and perfecting from ban on censorship,let employees banning system in judicial operation more scientific,more persuasive.