关键词: 从业禁止, 适用程序, 启动主体, 宣告时间, 执行主体, 救济程序

Abstract: There is no clear legal foundation for procedures for application of employment prohibition in China's Criminal Law, which has influenced the effect of application of employment prohibition. Although there is something in common between employment prohibition and restraining order, they have more differences rather than similarities, so that there should be independent procedures for application of employment prohibition. In order to secure fair and adequate application of employment prohibition, subjects initiating and participating such application should be diversified and social investigation system should be introduced. The time of announcing employment prohibition and the execution subject should be flexible according to the fact that the prohibited person is a natural person or a unit, combining the content of the prohibited issue. In addition, the corresponding system of regaining the right to employment should be established. For the purpose of balancing freedom and order, the prohibited person should be endowed with rights to appeal and complaint.

Key words: employment prohibition, procedures for application, initiating subject, time of announcement, execution subject, relief procedures