On The System Of Prohibition Order In Criminal Law

According to the Amendment Ⅷ to the Criminal Law and its relevant provisions, theprohibition order is a regulatory measure of forbidding the criminals engage in specificactivities, enter specific regions or places, or meet with specific persons when they are in thecontrol of public surveillance or probating period, which is proclaimed by the judge of thepeople’s court. The born of the prohibition order reflects the innovation of China’s CriminalLaw.And they should take the concrete criminal circumstances into account. The prohibitionorder is executed by community corrections agencies. As a measure of control andsurveillance adapted to the criminals who are during the term of execution ofnon–confinement penalties, prohibition order is a mandatory constraint measures which playsa supporting role in the system of punishment. The prohibition order not only can solve theproblem which exits in the practice of the public surveillance or the probating period,effectively strengthens the control of the criminals, but also help the criminals to correcttheirs’ mistakes in the community as soon as possible. At last, it can achieve the unification ofthe judicial and social effects.At first, this article makes an in-depth analysis about the social background as well as itsestablished value, and then introduces the connotation of the prohibition order by simplylisting its concept, analyzing its character and type. And then the application, execution andthe consequences which the parties obey the order are analyzed. Meanwhile some problemswhich exist in legislation and judicial practice are pointed. Finally, for the purpose ofoptimizing the system of prohibition order, this article makes three suggestions on theperfection of our prohibition order.According to this, there are four parts in this article.The first part mainly introduces the social background as well as the value of theprohibition order. In the part of social background, the article analyzes mainly it from thedifficulties which encountered in legislation and judicial practice as well as the request ofCriminal Policy of Temper Justice with Mercy. About the value, the article discusses it fromthe advantage of Community Corrections, the socialization of execution, the execution ofindividual, and so on. The second part analyzes the connotation of the prohibition order system, introduced theconcept, nature and classification of the prohibition order. The focus is to define the legalnature of the prohibition order. This article argues that as new obligations which should beobey, the prohibition order does not belong to the Security Measure, neither belongs to asupplementary punishment. Actually the prohibition order is a mandatory constraint measureswhich plays a supporting role in the system of punishment, and a new combination of securityMeasure System and The Criminal Law.The third part tells us the application of the prohibition order by introducing theapplicable conditions, procedures, performance measures, as well as the applicableconsequence in detail. The substantive conditions about the application of the prohibitionorder are discussed from necessity, relevance and feasibility.The fourth part is the key to this article, mainly introduces the implement of theprohibition order system. Considering of its social background, the value and nature, andbinding with the difficulties which encountered in implementation.This article gives someproposal of adding the relevant legislation, expanding the scope of the prohibition order,coordinating the responsibilities of various departments, and mobilizing social forces toparticipate, changing people’s attitudes, establishing a correct understanding. All in all, wehope our prohibition order can play a more active role.