Study On The Application And Perfection Of Chinese Criminal Prohibition

The criminal prohibition order system is a new system of our criminal law,this thesis trys to make certain the application of criminal prohibition order on juridical practice and to look into the distance to the further application of criminal prohibition order by discussing related content.Firstly,this thesis will summarize the background,purpose,concept,character and value of our criminal prohibition order system.Then,discuss the application of criminal prohibition order on juridical practice.Finally,put forward some suggestions on perfecting our criminal prohibition order system.The thesis includes four parts.The first part sketches out basic components of our criminal prohibition order system.Firstly,state the background and purpose of our criminal prohibition order system,expounding the direct puspose is special prevention,while the fundamental purpose is to protect legal interest.Secondly, stress the concept and character,considering that criminal prohibition order is the initial trial of security measures in China.Lastly,explore the value of criminal prohibition order,considering that it plays an important role in expanding the application of Public Surveillance and probation,promoting individual penalty and socialization of penalty execution.The second part discusses the application of criminal prohibition order,including application condition and specific details.Application condition trys to make clear whether the criminal prohibition order should be applied,while the specific details trys to figure out how to apply the criminal prohibition order.Combining<provision> and related foreign legislation,the thesis put forward that the application condition is necessity,in other words, the personal dangerousness of criminal.The specific details should be perfected in legislation and should give expression to pertinence, feasibility,equivalence and nonrepeatability.The third part is the key part of this thesis,exploring the application procedure of criminal prohibition order in China,including declaring procedure and executive procedure.Declaring procedure mainly studys the declaring subject,advising subject,declaring manner,declaring supervision and objection relief procedure.Executive procedure mainly discusses executive subject,executive manner,executive deadline,executive supervision,legal consequence of violating criminal prohibition order and the revocation of criminal prohibition order.Combining related legislating and juridical practice,put forward that build a systematical engineering of executing criminal prohibition order,perfect legal consequence and permit the revocation of criminal prohibition order.The forth part will put forward some legislation suggestions to perfect our criminal prohibition order,aiming at current problems.For example,appropriately expand the application range of criminal prohibition order,further explicit application condition and specific details and perfect the declaring procedure and executive procedure.