Chinese Criminal Law Research Injunction

With the birth of Amendment （8）to the Criminal Law of the People’s Republicof China, a prohibition order in front of us with its new look for criminals sentencedto control or sentence is suspended, the People’s Court according to the actual needsof their sentenced prohibited from engaging in specific activities, prohibited fromentering a specific area, places, prohibiting contact with a specific person. In this way,the control and probation criminals not only to comply with the general obligations,must also comply with specific obligations, strengthen the intensity of supervision,but also to play a greater role in the maintenance of the social order. This article is insuch a context, a number of issues that a prohibition order to explore and study themeanings, characteristics, origin and development as well as theoretical sourceselaborated on the basis of a prohibition order, and two levels from the legislation andpractice of a prohibition order to analyze the status quo, identify problems anddeficiencies, and finally to make sound recommendations to be addressed.This paper is divided into three parts, the first part is an overview on the basicproblems prohibition order, this part of the basis of this article, to lay paving the wayfor the subsequent discussion. In total, an overview of the contents of the four areas.First, the meaning and characteristics of the prohibition order, a prohibition order thecourt requires the infringer to the parties to the implementation of any act or prohibitcertain behavior of the command, there are three main characteristics of this articleseems, that the non-independence of the prohibition order, additional and mandatory;followed the origin and development of the prohibition order, prohibition orderorigins can be traced back to Roman times, and then the development has gonethrough several stages, the final form applicable injunctive morphology; Once again,the legal nature of the prohibition order, this article view our criminal injunction toboth qualifications criminal and security action legal nature; Finally, there is thetheoretical basis for a prohibition order, this article seems a prohibition order threetheoretical support for the existence of special prevention theory, criminal law, theprinciple of individual and executioner social trends. The second part is prohibited to China make description of the status andComments on the status of the prohibition order, respectively, from the two levels oflegislation and practice to expand, parsing injunction shortcomings questions behindthe perfect proposal. Legislative prohibition order made provisions, but there are stillaspects of defects, including the the parolee if applicable prohibition order, crimeunits for the injunction and juvenile offenders at the case of differential treatment;practice prohibited orders issued more than a year, all over the country have issued avariety of injunction, the implementation of the above, but in actual injunctionremains to be further improved.The third part is the the perfect proposed injunction on China, suggested thatthis part of the center of gravity and the end result is the exposition and analysis of thefirst two parts, and ultimately rely on this section to support the value of this article.This paper made a total of two key aspects of the proposal, the first expansion of thescope of application of the prohibition order, including three specificrecommendations:1. Parolees included in the injunction applies object.2crime unitincluded in the scope of the injunction.3the case of juvenile offenders at the systemof distinction add to applicable injunction; perfect execution of the injunction,including three specific recommendations:1. Implementation of the introduction ofthe corresponding legal prohibition order specification. Use of modern informationtechnology to build a tight network of community supervision, and sound to prohibitexecution coordination mechanism.