Study On Our Country’s Criminal Ban

The criminal ban may be defined as the prohibitive provision made by a court ina criminal court verdict on criminal who will be sentenced to a public surveillance ora suspension of sentence, with the characteristics of supervenience, selectivity,complementary, mandatory etc.. Its purpose of special prevention is clearly, and itfunctions well in overawing^educating and correcting. The criminal ban in our countryand the security measures with the qualifications punishment not only havedistinctions, but also have connections. Many Countries outside have the securitymeasures system in legal system, so it is conceivable that the security measures areintroduced into China. There arise intense controversies in The Academic Circles onthe characters of the criminal ban which can be understood clearly when qualified asthe security measures system. Applicable conditions and principles of criminal banhave no effect of limiting the court’s application, and its main content “the threespecific" actually is "uncertain". The provision of its application and executionprocedure are not perfect. Although the declaration of criminal bans are springing upin many courts of our country, there are still many courts take a wait-and-see attitude.All kinds of injunctions and application conditions have arisen in Judicial application,making us feel that it is too broad“. The three specific" could not constraints theapplicative freedom of the courts. And the problem that execution does not reach thedesignated position is acute, as the situation is not optimistic. To perfect thelegislation of criminal ban can consider to increase the provisions of indefinite periodfor the criminal ban. And the lack of relief channels when criminal refuses to requirethe criminal ban, is demanded to increase the party appeal procedure and theprocuratorate protest procedure, or introduce reconsideration system, and set a systemof terminating the execution procedure of the criminal ban. Adding ban on parole hasfeasibility. The judicial authorities should be careful to apply to criminal ban, and thecommunities correction organization should improve execution. And we shouldformulate pre-trial social investigation system, construct organizations of the linkagemechanism for the criminal ban’s application, and rely on the grassroots to take activeparticipation and close cooperation, so as to establish a complete set of mechanism forcriminal ban. We will pay more attention to the implementation of teens on thiscriminal ban, making sure that the family and the school get involved in the execution procedure.