Studies On Criminal Ban For Personal Risk Assessment

In May 2011, legislators in our country in line with the crime prevention, adjustment and improve the system of non-confinement penalty. The purpose of the criminal law amendment (eighth) about non-durance penalty system of the significant adjustment and criminal ban was first time appeared in the Chinese criminal law chapter. This Ban has opened a milestone in criminal legislation in the history of the country. This legislation not only about the controls, defect of execution of probation supervision but also reflecting the penalty system in our country for foreign groups. Lessons can be drawn from the theory of penalty execution and linked with the trend of the world legislation. It start from the personal imprisonment penalty system to the change of the non-durance penalty is given priority to with criminal policy of tempering justice with the act of mercy.The implementation of the ban on carrying out the criminal policy of tempering justice with mercy is saving judicial resources, maintain social stability and law and order situation, which play a pivotal role. Execution of law of many problems still has shown a lot of controversies in the application and this reflect that our country criminal ban system only exist in theory and system design. Projects of ban reporter asked the answer pointed out and suggested that an injunction under what circumstances is applicable to build a personal situation. The comprehensive analysis of crime, only in this way can have accurate and clear judgment criminals without personal danger, or the size of a personal risk problem, and then decide whether to apply injunctions. Therefore, on the investigation to the applicable criminal ban "necessity" is actually the criminal, personal, risk assessment. Visible in the criminal jurisdiction to apply personal risk assessment is very important and has its necessity.This article from the perspective of personal risk assessment in a criminal ban, in line with the purpose of improve the system of criminal jurisdiction, innovative personal risk assessment system with three of the our country criminal jurisdiction to a specific place, specific person and specific organic combination of analysis. The study and drawn lessons from foreign personal risk assessment model in the theory of criminal law has proposed some statistical analysis. The personal investigation analysis and forecasting methods of implementation of criminal jurisdiction has offered references for exploration. At the same time, the ban legislation bring in practice to improve expand in order to enrich the content and to introduce support measures to better achieve the purpose of the ban of legislation.