Research On The Perfection Of Chinese Criminal Prohibition

Criminal prohibition order is not created by our criminal system.It is quoted and learnfrom foreign non-custodial sentence System. In order to standardize the application ofthe prohibition order. Supreme People’s Court, Supreme People’s Procuratorate,Ministry of Public Security, Ministry of Justice jointly issued "On criminals sentencedto control, probation provisions applicable to the issue of a prohibition order(trial)."But whether in a reasonable manner, in practice, it will take time for furtherobservation and adjustment.Research on the criminal prohibition order is to ensure thecorrect application of the majority of investigators injunction, in-depth understandingof the "rule" spiritual essence,the principle and spirit of the combining flexibility,combined with the situation around the practice provides theoretical support for theban effective application and perfect order, which is my purpose of writing thisarticle.This paper is divided into four parts.The first part focuses on the legal nature of thecriminal prohibition order on the basis of existing studies do a comparative analysis,and described the function of restraining orders.The nature of the criminal injunctionacademic point of view, there are four: Security Measures,probation indicates,thequalifications of combining punishment and support measures,and integrated at thecase, this article is endorsed by Security Measures.The second part of the criminalprohibition order made a detailed analysis of the applicable regulations, and pointedout that our criminal prohibition order under current legislation Problems,such as theprohibition order applies to a narrow target range, lack of institutional safeguards forthe determination of the degree of dangerousness,lack of appropriate prohibition orderrelief measures,prohibition order does not require revocation procedures.The thirdpart introduces the status of extraterritorial legislation on the prohibition ordersystem,the community correction system of common law and Security Measure ofcivil law systems were compared,extract from the them on our system perfectdraw.The fourth part of a criminal prohibition order aimed at some of the problemsthat appear in legislation made some suggestions,such as legislative gaps in thecriminal prohibition order in the degree of dangerousness system established,for theparole and probation system whether can be applied to prohibition order,and madesome observations about relief programs and revocation procedures for criminalprohibition order.Because our criminal prohibition order is relatively new system,in judicial practice gradually exposed some loopholes in legislation, made the judgeshave had a lot of confusion in using of prohibition order, does not deserve to makeprohibition order applies in practice.This paper analyzed prohibition order from thelegislative level, the legislation on certain issues raised on some views, expectationscan provide a useful exploration of the development of China’s criminal prohibitionorder.