Research On The Prohibition Of Criminal Law In China

Amendment8of the Criminal Law added controls on Probation declared guiltyand injunctive legal norms, China’s criminal prohibition order for the first time intothe legislative level. Criminal prohibition means that the burden of the people’s courtunder Penal crime, offenders and probation for control of the command mode toprohibit declared. Because of the law on China’s criminal prohibition order releasedonly three years, the current status of research in terms of the nature of the doctrineof criminal prohibition order more studies judicial application also more active, butthe ban has not yet completed the construction of the theory so that, for criminalprohibition injunction fewer and simultaneously improve both the judiciary toexplore, it is necessary to sort through the current legislative status of acomprehensive, objective analysis of the judicial status, improve the criminalprohibition order on both the legislative and judicial levels, in order to achieve thelegislative purpose of the criminal prohibition order and judicial effect. In this paperthe system from the real problems of both the legislative and the judiciary, whichanalyze the substance of the problem, and then reflect on the problems of injunctionand perfect path. In this paper, the existing legislation and existing research as astarting point for criminal prohibition and programs based on sound discussed.The first part, to explore the meaning and characteristics of criminal prohibition,the order on the basis of the doctrine of criminal prohibition Comment on criminalprohibition order to clarify the nature of the theoretical basis of study of criminalprohibition;The second part, combing the legislative status quo of criminal prohibitionfrom the relevant provisions of the improved control and probation, increasing crimeunit or legal injunction applies to criminal law, the increase during the paroleapplication of criminal law injunction, restraining orders to improve legislation toimprove our criminal law procedures, etc. injunction;The third part, for the judicial practice of criminal prohibition, from concept toestablish Responsive Justice Judge, strict compliance with the applicable principles of criminal prohibition order, establish an objective evaluation criteriadangerousness of the criminal law prohibition order, judgment before theinvestigation established personality judicial system, improve the coordinationmechanisms improve our community correction system of criminal prohibition.