Study On Professional Prohibition System In Criminal Law

According to the Amendment(IX)to the Criminal Law of the People's Republic of China,the criminal sanctions have been improved by the addition of the professional prohibition system.As one of the preventive criminal sanctions,the professional prohibition system is established for the first time in order to cope with changes of the current social situation,aiming to regulate the behavior of criminals after the end of criminal penalty.This paper analyses the theoretical basis of the professional prohibition system by studying provisions of the foreign criminal codes.In addition,the properties of the professional prohibition system are identified according to the framework on criminal sanctions in China.Based on the findings,the applicable conditions of the professional prohibition system are defined while constructive suggestions aimed at the existing problems are put forward.Specifically,this paper is divided into four parts:The first part is the overview of the professional prohibition system.This part clarifies the definition and characteristics of the professional prohibition system.The theoretical basis of the professional prohibition system mainly includes: the theory of eclecticism,the theory of risk society,the theory of situational crime prevention.In addition,it summarizes the status quo of foreign legislations,and sorts out the history and current situation of the professional prohibition system in China.The second part includes the identification of the nature of the professional prohibition system.The current academic controversy focuses on three theories,which are the qualification penalty,the security punishment,and the non-penalty treatment.Arguments of the qualification penalty can be denied based on the applicable rules and purposes of the professional prohibition system.The viewpoints of security punishment can also be refuted according to the nature and characteristics of the professional prohibition system.Further,the professional prohibition system is determined as a non-penalty treatment method.The third part is the study of judicial applications of the professional prohibition system.The applications of the professional prohibition system must strictly follow the principles of appropriateness and necessity.In this process,the conditions of the object,the crime,the punishment and the business restriction need to be carefully considered while attention should be paid on coopetition with administrative regulations.Besides,it is clarified that violation of the professional prohibition system will be subject to administrative punishment by public security organs,the serious case of which will be prosecuted for criminal punishment.The fourth part is about constructive suggestions on the professional prohibition system.Based on the above discussions it is found that there are still some defects in the professional prohibition system.Four suggestions are put forward accordingly,which are clarifying the executive organs,improving the mechanism of determining the prohibition deadline,incorporating units into the scope of regulation and the addition of rights restoration mechanism.