Research On Application Of Restraining Order

Firstly, the restraining order is a kind of comprehensive measures for criminals or suspects. It is attached to a system of open and non-custodial penalties. This mandatory measure plays an irreplaceable role in promoting the progress of China’s penal system. The foreign restraining order is long-standing which we can learn to solve our problem.Injunction in our current law only exists in control and the probation. There are similar provisions in The Criminal Procedure Law, but only a declaration of principle and not with a further embodiment of the method. As an institutional eligibility limitation, its scope in the proceedings should be greater than the scope of application of the substantive law. For in proceedings, the suspect is still innocent. Without strict procedures, suspects should not be in custody. Non-custodial coercive measures are more suitable, which provide the institutional foundation for the prohibition orders. The further development of the injunction--qualifications punishment is also a direction of reform of criminal punishment system.Injunctions, as a system of restriction of freedom, are characterized by large span. The kind of injunction is varied for different kind of criminal. Conditions adapted to personal danger and crime conditions are important factors in determining the content and type of prohibition orders. Therefore, establishing a sound dangerousness assessment system and criminal behavior evaluation system can protect the injunction applies.Applicable content of injunction must be tightly around orders and not beyond the limits of necessity. In the field of substantive law, there have been many cases since the injunction introduced into China. Most of the forms are involved, but mainly in the field of security in the theft of property crime, robbery and crimes against the person. The status quo on the one hand reflects the nature of the injunction, but it also reflects the level of China’s injunction applies is not high. There are so many areas of prohibition shall apply to which does not. In the field of procedural law, China’s injunction application does not have relevant provisions. We can only be seen by the foreign system that injunction in the field of procedural law applies only to limit the extent of the protection of judicial procedures.Because of the different systems which injunction depends on, the nature of restraining orders are not the same, either, and so does the procedures. In the field of substantive law, prohibition is essentially a supplementary measure. It can only be decided by the people’s court; while in the field of procedural law, prohibition is a condition of non-custodial sentence. The decision authority may be the public security organs, the People’s Procuratorate and the People’s Court. As in the field of procedural law, the applicable procedures of prohibit are not as strict as in the field of substantive law, strengthening the injunction applies supervision became inevitable.