Study On The Criminal Prohibition Order System

China’s criminal prohibition order, is a new measure which setted up by Criminal Law Amendment Ⅷ, for the need to improve penal system. The criminal prohibition says that a criminal can be prohibited from engaging particular activities, entering particular areas or places, or meeting with particular persons, which can be sentenced to public surveillance or granted with probation.It is a major reform with learning from foreign prohibition order system and combining with the current situation which our past public surveillance and probation are not effective. The criminal prohibition order can not only strengthen the supervision of criminals and promote their education and correction, but also effectively protect the safety of the victim and other people, play a role in the maintenance of normal social order, and achieve the dual purpose of special prevention and general prevention of penalty.This paper starts with basic provisions of the criminal prohibition order, then argues theoretical basis of the criminal prohibition. After that, it research the specific problems in the practical operation under the guidance of the basic theory. Finally, it puts forward some thoughts and Suggestions about the future of the criminal prohibition order. Therefore, the paper is divided into the following five parts:The first part is a key research part of the paper, discussing the background conditions and basic content of the criminal prohibition order. Firstly, it illustrates that the criminal prohibition order is the request of Criminal Policy of Temper Justice with Mercy and the need to improve the regulatory measures of public surveillance and probation. Then the paper discusses the specific basic contents of the criminal prohibition order, which lay the foundation for the next theoretical analyses.The second part focuses on the theoretical basis of the criminal prohibition order, which is rarely discussed even ignored. This paper argues that the criminal prohibition order first is a inevitable requirement of Retributivism and Utilitarianism, second is a requirement of the principal of suiting punishment to crime, third is a requirement of the function of the criminal law. It is a difficult but new argument.The third part study on Substantive Rules in applicable procedures. First it analyzes the applicable organ, applicable conditions and deadline of the criminal prohibition order. Second it analyzes each order specifically and puts forward some suggestions.The fourth part study on Substantive Rules in execution procedures. It analyzes the actuator, measures and legal consequences of the criminal prohibition order. And it also puts forward some suggestions.The fifth part puts forward some thoughts and suggestions of the future of the criminal prohibition order. First it argues if we can set up criminal prohibition order for parole, second it argues the possibility and necessity about the criminal prohibition order becoming Qualification Penalty.