Study On Chinese Criminal Prohibition Order

The criminal prohibition order system is a beneficial attempt and innovation in China’s criminal law field. It belongs to a kind of systems engineering. During the past three years, the relevant legislature and judicial departments have been devoted to the improvement and active exploration of this system, as well as academic discussions. This paper is divided into five parts, which attempts to study the criminal prohibition form the basic connotation, so as to determine its nature, value, principle, the specific content. Combined with the concrete practice of China. This paper will point out some problems about the criminal prohibition system, and put forward a few suggestions for optimization, and the development of the system will be also discussed.The first part explains the basic connotation of the criminal prohibition. Firstly, outline the development process of criminal prohibition in China. Secondly, compare and analyze on the domestic and international similar systems. The criminal prohibition order system has taken in some beneficial component from other systems, but it is a unique innovation in Chinese criminal law system indeed.The second chapter discusses the character and value of the criminal prohibition system. This system has significant value for the improvement and development of Chinese criminal law system. Because of the discretionary space in application, this paper summarizes the characters, especially the systematicness, in order to realize the justice of individual case, make it more legitimate and bring it into full play.The third chapter and the fourth chapter are the focus of this article, the criminal prohibition should be analyzed by systematic thinking and perspective, including the principle, condition, content and procedures. The applicable conditions include legal condition and reality condition, focusing on the analysis of practical conditions, and discuss the probability of "personal risk" instead of "personal dangerousness" as the reality condition. Separately sketch out the declaration procedures and execution procedures, and point out that the supervision needs to improve. The fifth part of system analyzes systematically Chinese criminal prohibition order system. Combined with the advanced theories and experiences home and abroad, this paper puts forward the optimization path of the system aiming at the existing problems:to further improve the judicial interpretation, to introduce a holonomic social survey system, to establish and perfect the judicial-social linkage mechanism. Finally, the expansion of application scope and the development on systematic as well as dynamic will be also prospected, to expect further improvement of criminal prohibition system.