浅谈我国从业禁止制度——从“上海携程亲子园虐童案”说起

Prohibition System of Employment in China——From the "Shanghai Ctrip Parent-child Kindergarten Child Abuse Case"

2018 年11 月27 日,令民众密切关注的“上海携程亲子园虐童案”于上海市长宁区人民法院宣布一审庭审判决,但多数民众对判决结果却持不认同的态度,认为量刑畸轻。但考虑到罪刑法定原则,本案的情节并未达到受最严厉处罚的程度,而选择限制其从事相关行业或许是最为合适与理性的方式。就从这一案件看来,我国的从业禁止制度仍存在诸多不足,我们需要从从业禁止的范围、期限、禁止对象以及与其他处罚措施的平衡与衔接等多方面综合考虑,从而完善我国的从业禁止制度。

The "Shanghai Ctrip Parent-child Kindergarten Child Abuse Case", which attracted close public attention, was pronounced the sentence of the first-instance trial in the Changning District People's Court of Shanghai on November 27th, 2018. But most people disagreed with the verdict and believed that sentencing is extremely mild. However, considering the principle of legality, this case did not reach the most severe punishment degree. It may be the most appropriate and rational way to restrict its participation to engage in related industries. From this case we can see that the prohibition system of employment in China still has many deficiencies. We need to comprehensively consider the scope, duration, object of the employment prohibition, and the balance and connection with other punishment measures, so as to improve the prohibition system of employment in China.