On China’s Criminal Prohibition System

On May1,2011,"the amendments to the criminal law of the People’s Republic of China(eight)", and formal, the window is one of punishment in introducing the criminal restrainingorder a new system. Then, the supreme people’s court, the supreme people’s procuratorate,ministry of public security, ministry of justice issued a "declaration about sentenced to publicsurveillance, on a criminal for restraining order of the relevant questions of the rules (for trialimplementation)". The new rules, this paper with the latest criminal law as the basis, throughthe Chinese and foreign criminal law the provisions of the restraining order related problems,is an injunction criminal law nature and the content, scope, etc, so as to provide theoreticalguidance is rich in our country criminal law about the provisions of punishment, and promotethe improvement of the system of criminal law in our country criminal law theory and thedeepening of the research. At the same time, this paper based on solving the real problems inthe application of an injunction restraining order, from the promulgation of the restrainingorder, specific, and the effect of restraining order after the enforcement of many aspects, suchas the use of in our country in order to provide guidance.The first part of the thesis is an injunction traceability and foreign investigation. Mainlyintroduces the legal source of the restraining order, including the first Roman law and theafter the continental law system and Anglo-American law system development process, andan overall description of the current Germany, Italy, France, Taiwan and other related legalsystem of the security measure. In order to understand the criminal restraining order system,and to our country criminal injunctive system construction to provide help.At present, our country criminal law the provisions of an injunction is limited to systemlevel, its theoretical ownership, and the specific content range have not been clearly defined.The second section of the paper firstly introduces our country at present to the relevantprovisions of the criminal injunctive and main content. On the basis of our criminal injunctivelocation, puts forward an injunction is a security measure criminal nature punishmentregulation new measures, points out its social defensive and special preventive, and furtheranalysis our country criminal injunctive system applicable legality, necessity, feasibility, quitesex principle.The third part is to our country criminal injunctive comprehensive evaluation. First of all,it is the emergence of the criminal restraining order on our punishment system, an important supplement is of great significance. Secondly, analysis of China’s criminal restraining order inthe real decision, application, implementation, supervision and so on many aspects dilemmas.Finally, is the trouble cause depth analysis, from the system itself and community correctionsystem, the structure of punishment in order to find the cause of the problem at present.At present, our country has been in the criminal law introduced injunctive system, butthe introduction of the new system and with the various shortage. This paper, from theperspective of practice, the qualitative theory when combined with external legal systemsecurity measure, the judicial practice of community correction part introduce relevantprogram, making an injunction has strong operability, to the theory and the practice effect.The fourth part around our criminal injunctive dilemma expansion. First of all to the presentstage our country criminal law the application of restraining order from the court, coordinateimplement, implement consequences, legal supervision and so on four aspects put forwardimprovement Suggestions. And on this basis puts forward unit crime and parolee introducingban, at the same time, create injunctive relief measures related, and further establish criminalinjunctive system qualification punishment status, in order to perfect the criminal restrainingorder.This paper, from the origin of the restraining order, positioning, gain and loss, improvefrom multiple perspectives, such as ways to further study on restraining order system,analyzes the restraining order deep theoretical background and practical significance, therestraining order to conduct a comprehensive improvement.