Research On The Application Of Criminal Injunction

The Criminal law Amendment Ⅷ adds the Injunction regulation towardsome criminalelements who are sentenced to control and probation. Incorporating the Injunction regulationinto the scope of criminal law system is one significant method to amplify the Non-custodialpenalty.It’s definitely the momentous milestone of the development of modern CriminalLaw.The Criminal Injunction system causes extreme concern among scholars of CriminalLaw and the public in China. If we enforce the Criminal Injunction in a proper way, it couldsolve the problems in application process of punishment,and it is also very helpful to theexpansion of community correction. Therefore, it’s necessary to have a research on theprocess of the penalty and execution of the Injunction. Moreover, as the new part of theCriminal Law, there are some problems of Injunction need to be solved. Therefore we shouldtarget the existing problems during the practice case by case and find the proper way to solvethem.In order to achieve this goal, the paper will focus on the applicability of the Injunction,such as the situation in using the Injunction and the standard of enforce part, in order to figureout the basic rule of running this system.The whole paper is divided into six parts, more than20000words.Part1analyses the reason of establish the Injunction. It state clear that the CriminalInjunction is an urgent demand of suppling a gap in control and probation system,and ademand of implementing the community correction and a method of expandingnon-prisonment institutional also.Part2clears the conception, attribute and forms of the Injunction. The Injunction is ajudgment made by People’s Court to maintain the social order and prevent re-crime accordingto specific cases. The court could forbid the specific criminal to engage in specificbehaviors,contact specific people and enter the specific site or area. And the definition of“contact” is also analyzed in this part.Part3selectively analyze the application of the Injunction. First, its suitable objects arethose criminals who sentenced to control and probation,having risk in re-crime. From thelong term, the Injunction should bring into parole system, letting parolees to be applicableobjects, to protect the implement of this system. Second,the applicable conditions should baseon the necessity and contain pertinence and feasibility. Part4targets to analyze the penalization subjects and the pattern. It’s widely known thatthe People’s Court plays the role of subject. Because the Injunction itself has the characteristicof restrict personal freedom, allowing the judicial authority use the imperia to judge,appearsmore cautiousness and accord with the Legislative Law requirements. About the pattern, theInjunction must be stipulated in the judgment and directly announce to those two specificgroups of criminal.Part5focuses on the executive subjects of the Injunction. According to the newlyrevised Law of Criminal Procedure, community correction subjects has been changed,therefore there lies the possibility to change the subjects of the Injunction. The executiveobject is the community correction mechanism which is the subordinate body of the judicialadministrative department, the penalization subjects of prohibited behaviors are communitycorrection department and the police, and the the original trial court.Part6discusses the concrete punishment against the Injunction. First of all, figure outwhether it’s proper or not to punish those two kinds of offenders. Then discusses the severecases during the process of revocation of the probation, finding those situation which maymeet the legal requirements, but in fact not suitable to be judged as severe cases. In addition,we should come up with special treatment to execute the Injunction of forbidding to engage inspecific behaviors. Finally, the luxury behaviors hardly to be judged and punished. It coulduse Guarantee system to solve this problem.