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《刑法修正案(九)》将职业禁止正式纳入刑事制裁措施的范畴,有助于预防职业犯罪,弥补我国资格刑的不足。职业禁止在性质上属于保安处分,适用于实施了职业犯罪并且具有再犯可能性的犯罪人。下一步应将适用对象扩大至实施了相关犯罪行为但无刑事责任能力的人,建立具有可分性的处分强度,并且适时将保安处分正式引入刑法。
“Criminal Law Amendment (9)” Prohibition of occupational formally included in the scope of criminal sanctions measures will help prevent occupational crime, to make up for the lack of qualifications in our country. Prohibition of employment is, in nature, a security measure applicable to offenders who have committed a career offense and have the potential to be repeat offenders. The next step should be to extend the scope of application to those who have implemented the relevant criminal acts without criminal responsibility, to establish a divisible intensity of punishment, and the timely introduction of security measures into the criminal law.