Research On The Application Of The Employment Prohibition System In Criminal La

After the reform and opening up,China’s economy has developed rapidly,emerging industries are increasing,various occupations are emerging one after another,and the number of crimes committed by taking advantage of professional convenience is increasing.Only relying on traditional criminal and administrative penalties is not enough to effectively prevent the occurrence of such crimes.Professional crime has a characteristic that other crimes do not have,that is,most people who commit crimes by occupation will choose to continue to engage in their original occupation after the execution of the penalty,because this is the way they live.In this context of economic development,the criminal law amendment(IX)was officially issued and came into force in November2015,which added provisions on employment prohibition measures.Since then,the employment prohibition system has been officially established in China’s criminal law.From the fundamental purpose of criminal law,crime prevention is always a better means than punishing crime.The establishment of employment prohibition system is undoubtedly a great progress in the development of China’s criminal law,which can more effectively prevent the perpetrator who uses professional convenience to commit a crime from committing a crime again.The employment prohibition system has improved China’s penalty system and added a new way to prevent crimes using professional convenience.However,the employment prohibition system in China’s criminal law has only operated for a few years,and it is still in the initial stage of law application.The relevant legal provisions are too vague,and there are many problems in practice.In view of the problems of the employment prohibition system in China’s criminal law,through the problems existing in the current employment prohibition system,this paper puts forward relevant improvement suggestions after theoretical research,which will certainly provide some help for the development and research of the employment prohibition system in China’s criminal law.This paper is divided into four parts: the first part discusses the basic theory of employment prohibition system in criminal law,mainly expounds the general basic theory of employment prohibition in criminal law and the value of employment prohibition.The first is to make an in-depth analysis of the articles of employment prohibition in the criminal law,clarify the concept of employment prohibition system in the criminal law,and summarize the nature of employment prohibition system in the criminal law combined with the provisions of the criminal law and various theories in the academic community.At the same time,this paper also analyzes the difference between employment prohibition system in the criminal law and other similar systems.The second part discusses the applicable principles and conditions of the employment prohibition system in the criminal law.This paper makes a more specific explanation according to the general principles and basic principles of the criminal law.The specific content includes two aspects: first,it defines the application principle of employment prohibition.The application of employment prohibition system must adhere to the principles of relevance,necessity and proportion.Only for the object of crime by taking advantage of occupation can employment prohibition be applied.At the same time,it must be applicable when the risk of recidivism of criminals is very high,and the application period of employment prohibition needs to be determined according to the specific situation of the case.Second,the applicable conditions of employment prohibition are divided into preconditions,object conditions and professional conditions.The applicable conditions of employment prohibition include that the perpetrator’s behavior must constitute a crime and there is personal danger.The perpetrator’s crime is to take advantage of professional convenience or violate the specific obligations of professional requirements,and the perpetrator’s professional scope conditions are determined by the judge based on the specific situation of the case.The third part analyzes the specific problems existing in the employment prohibition system in the criminal law,and puts forward some preliminary views on the shortcomings of the employment prohibition system in China’s criminal law.Firstly,the legal status of employment prohibition system is low and lacks specific legal guidance;Secondly,there are deficiencies in the cross of execution and prohibition of practice in the prohibition of practice system,and the boundary is too vague.Finally,the employment prohibition system is not complete,and it lacks corresponding supporting measures,including the specific relief ways and announcement procedures of employment prohibition.The fourth part aims at the problems existing in the employment prohibition system in China’s criminal law,and puts forward some suggestions from the current situation of China’s judicial practice.The improvement suggestions include four aspects: first,improve the legal status of the employment prohibition system;Second,the flexible use of criminal practice prohibition and administrative practice prohibition;Third,improve the supporting measures of employment prohibition and the content of relief right of employment prohibition;Fourth,clarify the announcement procedure of the employment prohibition system and the corresponding consequences of violating the system.