The Legal Basis Of The Criminal Prohibition Order And Justice Application

Criminal prohibition order is an innovation of our criminal system, which is anenforcement measures aiming at some offenders sentenced to public surveillance orreprieve. It provides the powerful guarantee for reforming prisoners and preventingcrime. As a new criminal system, many scholars have studied on it, but there is no systematicresearch. With its application more frequently, it becomes necessary to make the system of acomprehensive system.However, as a new system, its implementation and functional valuestill survive questions. The legislators look forward to show its value from somepractices in the future, and strengthen the effect of suspension of execution outsideprison of public surveillance and reprieve, therefore, it can promote the educationcorrection of the offenders, and realize the goal of penalty of special prevention andgeneral prevention. The criminal prohibition which apply in the judicial practice of theimplementation and supervision is a complex process. It Involves the court, procuratorate, publicsecurity organs, judicial administrative departments, the community correction agencies andindividuals. This paper focuses on the legal basis and judicial apply to explore the truespirit and applicable value of the criminal prohibition order, and apply for theinnovation system to find theoretical support and practical guidance. At the same time, Ipropose own view to help legislation and judicial practice.