华北水利水电大学学报（社会科学版）

有前科者从业禁止是指对于实施了与职业相关犯罪的有前科者,限制其在特定时间段内从事相关职业的资格。从立法目的考察,该制度的法律性质应当为保安处分。在适用标准方面,需判定有前科者具备再次实施与职业相关犯罪的人身危险性,具体的因素包括职业特征、犯罪前科特征以及职业与犯罪前科的内在联系这三项。就适用程序而言,该制度应当遵守刑事诉讼程序,以刑事判决进行宣告,并赋予当事人上诉权、申诉权。

Occupation Prohibition of Exconvict means a relevant restriction of qualification for engaging in related professions within a particular period of time,and it applies to the exconvicts who had committed a crime in ration to their professions. In consideration of legislative intent,legal nature of this rule is a security measure. In terms of application standard,we should judge whether there exists the personal danger of committing a crime in ration to their professions again for exconvicts. The specific factors include occupational characteristics,criminal record characteristics and the inner connection between the occupation and criminal record. As for applicable procedure,this rule should adhere to the criminal contentious procedure. That means occupation prohibition is declared in the form of criminal judgment,and the litigants are endowed with right of appeal and petition.