| Standing committee of the National People’s Congress issued the third revised《law of the people’s Republic of China on administrative punishment》on January 22,2021 added new types of administrative punishment.Restricted employment is one of the new types administrative punishments.It is a comprehensive concept and has existed in legal norms and administrative practices.Administrative legal norms indifferent fields have different formulations and forms of expression.For example,people of refusing to perform military service will be restricted to be a civil servant;people of violating of securities norms will be banned to access to the securities market.The legal norms about administrative penalties for restricting employment are relatively scattered,so provisions about restricting employment relatively chaotic.From the perspective of legislative practice,time limit for prohibition includes a certain period,lifelong and unambiguous deadline.From the perspective of applicable effect,time limit for prohibition exists a certain controversy.This situation has seriously affected legitimate rights and interests of restricted practitioners.It is mainly manifested in:not closely related to occupation;unreasonable settings,such as,poor ladders and so on;inflexible selective application and imperfect setting structure,such as,no legal liability and procedure of resuming employment.Setting of the duration of time limit,consider its legitimacy of purpose.Academically speaking,time limit for prohibition should meet three purposes:increase the cost of the people breaking the law again;protect the public interest;warn other practitioners in the industry.So,combined with the above problems and purposes,legislative officers and law enforcement officials can adjust and perfect setting and applying time limit for prohibition by following suggests.Firstly,standard the setter of administrative penalty about time limit for prohibition,legal norms of different effectiveness levels set time limit for prohibition of vary degrees.Secondly,make the principle of prohibiting improper connection,the principle of proportionality and principle of necessity to become basic principles.Thirdly,establish set standards between fixed prohibition period and flexible prohibition period.Fourthly,set the lifelong suspension period carefully and improve the setting standards for specific and discretionary deadlines.Finally,increase procedure of resuming employment after expiration of prohibition period. |
