The Research Of China’s Criminal Restraining Order System

“Criminal Law Amendment (eight)"makes criminal law a lotof changes, particularly in the penal system. Which is verystriking point is the first time in China’s criminal law,criminal prohibition order. Criminals sentenced to control,according to the circumstances of the offense, prohibited toengage in specific activities during execution, into a specificplace, specific people ’probation, according to thecircumstances of the offense, prohibit criminals on probation,its provisions: the test period, engaged in specific activities,enter the specific places of the region, contact a specificperson. The criminal prohibition order reflects the bindingwas sentenced to control or probation criminals. The correctapplication of the criminal prohibition order, will be furtherconstrained control offenders and probation. The criminalprohibition order system is an important innovation in thepenalty enforcement system in China. According to the lawproperly applicable criminal prohibition order, earnestlysafeguard and strengthen the control, the probation applicable to the effect of further earnestly implement the temper justicewith mercy criminal policy, the full penalty fornon-imprisonment sentence in to avoid cross-infection, savejudicial resources and other positive and important, uniquefunctions, to further promote in-depth development of thecommunity correction has very important significance. Criminalprohibition order as a criminal justice sanction measures, withrelative independence, and "Criminal Law Amendment (eight)"with the regulations are too general, in principle, lack ofexperience in judicial practice. Therefore, starting from theperspective of theoretical or practical, to be perfect, it isworthwhile for us to explore.Explore criminal prohibition order connotationapplicable criminal prohibition order status and comparison offoreign-related system in China, the application of China’scriminal prohibition order and needs to be improved developmentwere discussed, the paper is divided into five parts, the maincontents are as follows:The first part of the criminal prohibition orderconnotation. This part by exploring the criminal prohibition on the nature of the order, the criminal prohibition ordercharacteristics, the criminal prohibition so that the valuefunction of three aspects of the criminal prohibition orderconnotation made a summary.The second part of our application of criminalprohibition so that the status quo. The criminal prohibitionorder system as the Criminal regulatory measures of innovation,the applicable time is shorter, the country’s scarcity of caselaw, so I cited all over the country’s first criminalprohibition order. Also discussed and summarized thecharacteristics of the first criminal prohibition order.The third part, the china situation compare with theforeign system. This part of the study, mainly because foreignexist to make a similar system of penalties and criminalprohibition, such as the protection observed in the common lawto make curfew, exclusion order, prohibited in the civil lawpractice, limit live to protect the observation. By comparingthe foreign system, better able to explicitly prohibit theparticularity order to strengthen the application of thecriminal prohibition order. The fourth part the court of criminal prohibition orderapplies to. This part of the criminal prohibition order appliesto objects, have retroactive effect, the criminal prohibitionorder content, duration and other aspects are discussed indetail the application of the criminal prohibition order.The fifth part, the criminal prohibition order will bedevelopment. Criminal Law Amendment8on criminal ProhibitionOrder are some of the provisions in principle, there are manyareas for improvement, the performance of the prohibition orderapplies to the crowd in the criminal can be gradually expanded,the criminal prohibition order and declared the program needto be further refine the criminal prohibition so that theexecutive bodies of the quality of personnel need to furtherimprove the criminal prohibition order in judicial practice inthe implementation of the system need to be improved.