As a newborn and important institutional innovation in our country, theappearance of the criminal injunction system has a dual meanings of theory andpractice. With the prevalence of the research trend of execute socialize andnegative catalysis penalty around the world, building a perfect criminal injunctionsystem is an inevitable trend, which advocates for the combination of punishmentmodel of imprisonment and non-durance. Although the Criminal Law Amendment(8) in our country has ascribed the formal legal status of criminal injunction, whilehow to define the legal nature of criminal injunction,how to apply and executedthe criminal injunction, how to define the legal responsibility of violating thecriminal injunction, how to improve the system of good young criminal injunctionin China,all of these are the problems need to be faced and solved by the scholarswho study the criminal injunction system. Therefore, only through the confirmingand judging for the criminal injunction nature, combining the foreign legislationexperience with the current legislation and judicature situation in China, can thefeasible countermeasures and proposals will be put forward for the establishing andimprovement of the criminal injunction system in China. |