Comprehension And Application Of Prohibited Practitioners

At present,the rapid economic development and the science and technology are changing with each passing day,which led to the profound changes in social structure.In addition to bringing people huge material wealth,the change also causes a series of social problems at the same time.As a mirror of society,criminal law should reflect the true face of society,but also to respond to the needs of reality.Facing the complex type of crime,and taking into account the different personal risk and severity of the offense.The mere use of penal measures as a tool to punish crime is difficult to achieve the unity of legal effect and social effect.Therefore,the provisions on non-penal measures may be added to legislation in order to play its positive role in crime prevention and social order maintenance."Criminal Law Amendment(9)" clearly defined the prohibited practitioners in the first article and it has been added in the criminal law system of our country.This practice indicates that China has formally established the system of prohibited practitioners.As a typical non-penalty punishment,prohibited practitioners refers to when the perpetrator uses occupational convenience or behavior that violates the specific obligations of the profession to To commit a criminal act,the people's court may make a decision that prohibits its participation in the relevant occupation within a certain period of time.By this way,it is conducive to achieving the purpose that defense society and prevention of duty crime on one hand,enriching and developing China's criminal law sanctions model and has promoted the reform and innovation of the criminal justice system on the other hand.However,as a new measure and provision,Facing the issues like how to qualify prohibited practitioners,how to understand and apply it and so on,theorists and judicial practices have so far proved inconclusive.The reason for this is the lack of appropriate judicial interpretation and trial experience.Based on this situation,method of integrate theory with practice will be used in this article.Firstly,the basic theory of prohibited practitioners will be clarified and its natural will be cleared after that.On this basis,the application principles,general requirements,applicable subject of prohibited practitioners and the legal consequence which is caused by the violation of prohibited practitioners will be introduced.The last part of this paper is the specific system design for the amelioration of the application method of prohibited practitioners.The author thinks that the prohibited practitioners which is provided in criminal law is neither a penalty,nor is the qualification penalty,it is a kind of the security measure,actually.The application of the prohibited practitioners shall be governed by the principle of appropriateness,appropriateness and scientific,and must meet three preconditions: the actor has personal risk,the behavior of the perpetrator constitutes a crime and is sentenced to a penalty,there is an inherent connection between the perpetrator's criminal act and his occupation.Personal risk is the core of the research on prohibited practitioners,only with a scientific prediction of the perpetrator's personal risk,the prohibited practitioners can be worked more efficient.Specifically,under the guidance of scientific principle,prediction means using the perpetrator's information conducted by social investigation to assess the personal risk of a criminal.In summary,this paper will introduce the basic theory of the prohibited practitioners,and mainly discusses the issues how to apply and implement prohibited practitioners,in order to benefit the judicial practice.