The Research On The Criminal Restraining Order System In Community Correction

Ever since the Notice on experiments of community correction in selected places issuedin2003, the advancement of community correction has been showing practice go ahead of therest. One major problem among community correction is how to more scientifically define theobject of correction. With the implementation of Amendment VIII to the Criminal Law of thePeople’s Republic of China, community correction has been put into criminal law, along withthe restraining order system, including a ban on carrying on particular activities, enteringspecific area and place and getting in touch with certain persons. Anyone who is sentenced tocontrolling or given a suspended sentence fits the object whom the people’s court canannounce a restraining order to according to the criminal information.This paper starts with the current situation of the community correction in selectedplaces and points out that the innovation of criminal restraining order is inevitable fordeepening the reform of community correction, after thorough research and theoreticalanalysis. Meanwhile, foreign and domestic laws and regulations regarding restraining orderare systematically compared and studied. Combing with the current situation of domesticcommunity correction, several conclusions for reference are pointed out. Afterwards, the nextpart contains the thorough analysis of the legislation concerning restraining order system incommunity correction. Based on the research of the over1-year domestic criminal restrainingorder application, several personal opinions regarding criminal restraining order are pointedout.In addition to the introduction and conclusion, the body is divided into the following fourparts, more than30,000words. Combining with the knowledge of various subjects, includingcriminology, penology, psychology, sociology, this dissertation graduate analyzes therestraining order system in community correction theoretically and practically throughliterature and comparative research.The first part begins with the practical research of the experiments of communitycorrection in selected places and focuses on the legislative background of communitycorrection and restraining order system. Through the practical research of the communitycorrection development condition by the basic-level police and judicial substation, severalproblems existing in the experiments are pointed out and beneficial experience is found, especially the social background of restraining order system in community correction.The second part researches the relevant laws, regulations and practices in different legalbranches in our socialist legal system and western countries under the rule of law, includingthe restraining order in intellectual property law, pre-interim injunction in civil procedure law,habeas corpus against family violence, etc. This part provides the conclusions for referenceand scientific guide for domestic criminal restraining order innovation during the next part.The third part contains the thorough analysis of the legislation concerning restrainingorder system in community correction. To be exact, eight sides are discussed, including thenature of restraining order, the appliance of restraining order, the content of restraining order,the time limitation of restraining order, the raise of restraining order, the execution ofrestraining order, the punishment of violating restraining order and the commutation ofrestraining order.The fourth part starts to discuss the theory dispute of restraining order system andcommunity correction. Through investigation, the practical condition of restraining order incommunity correction is observed clearly. This part basically contains several personalopinions regarding criminal restraining order, such as the selective integration with the objectof application between community correction and criminal restraining order, the specialcommunity correction of juvenile offenders, the restraining order system design in criminalprocedure law and the due role of social organizations in assisting the regulation of criminalrestraining order.