Practical Problems And Legal Optimization Path Of Restricted Practice System

In recent years,with the emergence of some new social conflicts and problems in the market and industry regulation,the administrative penalty of restriction of practice has emerged.Because of its flexibility and superiority in conflict management,its application in various industries and fields has become widespread,and some problems of this system have been revealed in practice.In this paper,we will start from the case of "banning" of artists with poor track records,which has aroused heated discussions in the field of entertainment,and analyze some problems such as unclear setting power of restriction of practice,unreasonable setting of punishment,too general stipulation of time limit,and lack of restoration mechanism of practice,which are reflected in the practical cases.The existence of the above problems may lead to the excessive implementation of the restriction of practice,and thus violate the legitimate rights and interests of the subject of punishment in terms of professional labor.Under such circumstances,it is necessary to study the improvement of the restricted practice system and strengthen the protection of citizens’ basic rights in the implementation of the system.In this paper,we will discuss the improvement of the restricted practice system from the following aspects:In the first chapter,the problems in the practice of the restricted practice system are summarized by sorting out the cases and regulations related to the restricted practice system.As the problem-setting chapter of this paper,it introduces the theme of this paper: the solution of such problems lies in the optimization of the restricted practice system.In the second chapter,the concept of restricted practice and the related jurisprudence are discussed,which provides the theoretical support for the subsequent research.Through the definition of the concept of restricted practice and the analysis of related legal concepts,the positive effects and potential risks of restricted practice are clarified.The jurisprudential analysis further discusses the basic rights involved in the restriction of employment,including the right to work,the right to free choice of employment,the right to survival and the right to human dignity,and discusses the state’s obligation to guarantee the aforementioned basic rights,and clarifies the necessity of legal regulation of the restriction of employment system.In the third chapter,the legal analysis of the practical problems reflected in the restriction of employment is presented.From the legislative level,we analyze and conclude the problems such as unclear setting power,unreasonable setting of punishment,generalized punishment period and lack of restoration mechanism.At the law enforcement level,the problems of confusing law enforcement subjects and lax law enforcement are summarized.At the judicial level,there is the problem of unclear channels for rights relief.In the fourth chapter,corresponding improvement countermeasures are proposed based on the above studies.In the legislative field,the principle of jurisprudential reservation is used to clarify the right to set restrictions on practice;the principle of prohibiting improper association is applied to guide the setting of restrictions on practice;the application of the benchmark discretionary system refines the provisions of the penalty period;and the construction of a mechanism to restore practice further protects the basic rights of citizens.In the field of law enforcement,the system of restriction of practice is optimized by clarifying the subject of law enforcement and regulating the process of enforcement.At the judicial level,the right relief channels of the system of restriction of practice are opened from the perspectives of ensuring the core position of judicial remedy and regulating judicial review.