从业禁止制度的结构性矛盾及其改革
发布时间：2019-08-14 15:07
【摘要】：在《刑法修正案(八)》禁止令入刑的基础上,《刑法修正案(九)》关于从业禁止的规定客观上进一步强化了我国刑法的预防性措施,促进了我国刑事制裁体系和行政制裁体系的结构性调整。但《刑法修正案(九)》关于从业禁止的规定也造成了从业禁止制度与我国犯罪二元结构、刑罚体系、预防措施体系和行政性从业禁止体系的结构性矛盾,打乱了已有法律制裁体系的平衡结构。我国应当在从业禁止制度现有立法的基础之上,提升从业禁止的刑法地位,将从业禁止措施规定为资格刑,并进一步明确职业的范围和从业禁止的期限,积极推动我国刑事制裁体系的结构优化和功能完善。
[Abstract]:On the basis of the Criminal Law Amendment (8), the provisions of the Criminal Law Amendment (9) on the prohibition of employment have objectively strengthened the preventive measures of the criminal law of our country and promoted the structural adjustment of the criminal sanctions system and the administrative sanctions system of our country. However, the provisions on employment prohibition in Amendment (9) of the Criminal Law have also caused structural contradictions between the employment prohibition system and the dual structure of crime, penalty system, preventive measures system and administrative employment prohibition system in China, thus disrupting the balance structure of the existing legal sanctions system. On the basis of the existing legislation of the employment prohibition system, our country should improve the status of the criminal law of the employment prohibition, stipulate the prohibition measures as the qualification penalty, further clarify the scope of the occupation and the duration of the employment prohibition, and actively promote the structure optimization and function perfection of the criminal sanctions system of our country.
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本文编号：2526635
[Abstract]:On the basis of the Criminal Law Amendment (8), the provisions of the Criminal Law Amendment (9) on the prohibition of employment have objectively strengthened the preventive measures of the criminal law of our country and promoted the structural adjustment of the criminal sanctions system and the administrative sanctions system of our country. However, the provisions on employment prohibition in Amendment (9) of the Criminal Law have also caused structural contradictions between the employment prohibition system and the dual structure of crime, penalty system, preventive measures system and administrative employment prohibition system in China, thus disrupting the balance structure of the existing legal sanctions system. On the basis of the existing legislation of the employment prohibition system, our country should improve the status of the criminal law of the employment prohibition, stipulate the prohibition measures as the qualification penalty, further clarify the scope of the occupation and the duration of the employment prohibition, and actively promote the structure optimization and function perfection of the criminal sanctions system of our country.
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本文编号：2526635
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