Legislative Analysis And Judicial Application Of Criminal Prohibition Order

Prohibition order is a separate measure of protection and restrain of non-custodialsentence offenders, which is provided by the eighth amendment to the criminal law. Itis contributed to improvement of non-custodial criminal enforcement regime andimplementation of legal and social effects of it. As a treatment system for criminals, itis similar to indication of probation in the western countries. However, it shows somenew features in the unique path of development of law in China. According to thecriminal law, the prohibition order is attached to some specific sentence ofimprisonment. And, as the implementation of the non-custodial sentence, communitycorrection must be some connection with the prohibition order. So, analysis of therelationships between them is essential to define the legal property of the prohibitionorder in Chinese criminal law system. From the view of relationship betweenprohibition order and penalty, the former is auxiliary coercive measures of restraint inthe implementation of the non-custodial sentence. From the view of relationshipbetween prohibition order and community correction, the former belongs to thelatter’s execution context. On the legislative level, provisions of prohibition order areset generally and abstractly. So, it is necessary to conduct a comprehensive analysis ofthe prohibition order system on the basis of criminal law provisions and judicialinterpretations. The object, condition, content, deadline of prohibition order and liability on violation of the prohibition order should be analyzed to deepen thetheoretical research on prohibition order, also to provided ideas for furtherimprovement of the prohibition order system. On the judicial level, fulfilling thefunctions of prohibition order depends on the good operation of it in judicial practice.So, apart from the correct application of the prohibition order by the court, it is pivotalto establish appropriate systems and facilities, and improve and perfect the legaloversight mechanisms, so that every order can be executed without fail.