An Exploration Of Criminal Prohibition Order System Of China

According to the stipulation of the Amendmentâ…§to the Criminal Law and its related regulations, the criminal prohibition order of China is a regulatory measure, which the people's court may necessarily grant a criminal, sentenced to public surveillance or granted with suspension of sentence, being prohibited from engaging in certain activities, entering certain regions or premises, or meeting with certain persons, during the term of pubic surveillance and the probating period depending on the circumstances of the crime. As a regulatory measure, the criminal prohibition order is an important reform in the system of punishment, which is executed by community corrections agencies. The criminal prohibition order not only effectively strengthens the control and promotes education, but also effectively protects the victims, witnesses and other security personnel, and maintains normal social order.This paper makes a deep analysis of the social background and theoretical basis of our criminal prohibition order, and an exploration of its character and legal nature. Meanwhile combined with the criminal law and the relevant judicial explanation of our country, the provisions of the criminal prohibition order granted suitably and the executed are studied and analyzed. Finally, the paper puts forward some thoughts and suggestions to discuss the system, in order to optimize the criminal prohibition order system of China, and achieve the aim of penalty to better.Based on this, the paper is divided in four parts.The first part is the focus of this article, deeply analyzing social background, theoretical basis, the characteristics and the nature of the criminal prohibition order. In the theoretical basis part, this paper studies mainly it from various angles with the pursuit of criminal punishment, achieving the aim of penalty in Criminal Policy of Temper Justice with Mercy, non imprisonment punishment system reform, the socialization of execution, and so on. In addition, about the criminal prohibition order of nature, as for the additional new obligations during the term of pubic surveillance and the probating period, the criminal prohibition order is not only a regulatory measure of the innovation and perfection, but also a qualification penalty and security measures of the dual nature, about the" prohibited certain activities" content of it. The second part analyzes the exact application of the criminal prohibition order, focusing on applicable conditions, specific content and the application program. On the essential conditions and specific content of the prohibition order, it emphasizes the combination of foreign legislation experience comparative analysis.The third part is to the specific implementation in the criminal prohibition order system, mainly from its execution time limit, actuators, performance measures, supervising the implement, and the applicable legal consequence in detail. On the prohibition order applied legal consequences, and the key to distinguish the criminal compliance and violation of prohibition bringing different legal consequence at the same time, it discusses in detail combined with foreign experiences.The fourth part is to the development of thinking of the criminal prohibition order system. Based on its theoretical foundation and legal nature, and in combine with the legislation and judicial practice, this paper focuses on setting the criminal prohibition order about the" prohibited certain activities" up the qualification penalty and the extension of applicable of it, and puts forward some suggestions, in order to make our criminal prohibition system to be implemented effectively.