The Study Of Professional Prohibition In Criminal Law

The criminal professional prohibition is not a new concept in China,there has been sophisticated application abroad.Though there is no concept of security measures in China’s Criminal Law,it should be clear that the professional prohibition is a kind of security measures,which release it from the principle of criminal liability,but the personal danger of the offenders.It has been established in China’s Criminal Law for five years by the Criminal Law Amendment(nine).But the professional prohibition did not play it’s role well in the field of anticrime for its deficient application in the practice and the reserved attitude of judges.Because of the lacking of related regulation and policy,judges have much more discretionary power,leading to the problems that the disproportion in the apply ranges,the misreading of provisions in some cases,and the disarrangement in measurement.Coping with these problems,it is imperative to make a normalized interpretation of the provisions based on the dogmatic system.Under current law,the unit can’t be subject of the professional prohibition,so it should only be applied in the responsible person.I advocate that making functionality interpretation in the prepositive penalty,reserve the occasion of applying the professional prohibition in the application of accessory punishment and long term penalty.The concept and scope of job,activity and the qualification in the professional prohibition should be confirmed rationally.To avoid the misuse,there should be condign connection between criminal act and the job,it required that the job should give the offenders more facility that normal person.As for the prohibition range,it should be measured by the legal behalves which the professional prohibition aims to protect,and build a typed prohibition range based on the infringing upon legal behalves and the related execution and legal consequence procedure regulations.As a kind of security measures,the professional prohibition made it’s justification from the individual prevention theory and social defense theory,and the principle of proportionality.But in the measurement system,the individual prevention theory has it’s inside contradiction.So the academic world present the idea of turning the personal danger to the risk assessment,and make the typed risk assessment and the risk management available.This article attempt to make the proposition of building the flexible and scientific system of risk assessment including the pre-sentencing risk assessment through the social survey report,the criminal needs assessment and the responsivity index assessment,based on the Risk/Need Responsivity model.