The Research On The Criminal Injunction

The Criminal Law Amendment(VIII) adds new regulations that the court candeclear the criminal injunction for those sentenced controlled culprits and theprobation criminals,which means that the criminal injunction brings in the vision ofThe Criminal Law for the first time.The criminal injunction is a compulsory measure,the purpose of which is not only to carry out the effective supervision of criminals,promote education and correction of criminals, but also to be beneficial to theprevention of crime. The criminal injunction is the obligation that special controlledculprits and the probation criminals must obey during the execution. The criminalinjunction is based on the personal danger theory, as well as caters to the open andsocial trend of times and the developmental direction of punishments. The criminalinjunction plays an important role in carrying out the criminal policy of combiningpunishment with leniency and the protection of human rights and special prevention,keeping the balance between liberty, order and security. The criminal injunction can bedivided into two types, the controlled culprit injunction and the probation criminalinjunction. Judges should follow the principle of relevance, necessity, feasibility andcaution when he apply criminal injunction to cases. The contents of the criminalinjunction include three parts: banning the criminals engaging in certain activities,keeping criminals away from specific places and prohibiting criminals contactingspecific person. The deadline of the criminal injunction reflects the extent of severity.The setting of implementing agency is important guarantee for the executive effect ofthe criminal injunction.The legal consequence of the controlled culprit injunction isdifferent from that of the probation criminal injunction, which reflects the principle ofbalance of crime. Because The regulations about criminal injunction are not detailedand lack of practical experience, for example, the judicial nature of the criminalinjunction is not clear, so it is necessary to clarify the regulations of the criminalinjunction to accurately understand the connotation of the criminal injunction. It isunavoidable that the criminal injunction has some defects. In order to promote theimprovement of the criminal injunction, we can expand its scope of application, suchas incorporating the parole and criminal unit into the scope of application. Because ofthe criminal minor’s characteristics, legislation should formulate different rules.