The Research On Criminal Injunction

Amendment VIII to the Criminal Law introduced injunction as a newenforcement measure to control and probation under the background of thebuilding of harmonious socialist society, the implementation of the basiccriminal policy of "tempering justice with mercy" and the development ofcommunity corrections. Since related rules for criminal injunction areindefinite to some extent while empowering much discretionary right tojudges, there are some confusing situations and issues associated with thewidespread application of criminal injunction. Therefore, after one year ofcriminal injunction’s enactment, it is important for both theory and practiceto analyze and research criminal injunction.The article focuses on the application of criminal injunction in thecontext of existing rules:Part I introduces the launching background of criminal injunction, by analyzing existing problems of control and probation and exploring China’sbasic criminal policy and social reformation.Part II analyzes the concept, nature and characteristics of criminalinjunction through differentiating relevant concepts, comparing differentdoctrines, inducing related rules.Party III focuses on the application issues of criminal injunction,through the interpretation of existing rules combined with real cases, withregard to courts, criminals, conditions and contents.Part IV discusses the enforcement of criminal injunction in terms ofenforcing institutions, duration and consequences, highlights the conduct andresults of violation of criminal injunction.