Study On The Criminal Prohibition Order

In the judicial practice of our country, the actual effects of regulation and probation play poorly; the value has not been well reflected; the lack of supervision, and the situations of personnel being out of control have occasionally occurred,) which makes it is difficult for the non-custodial department to reflect its role in the process of educating and correcting the criminals. At the same time, China’s criminal policy of combining punishment with leniency in recent years has been fully developed and implemented, and the number of sentenced to control and probation has been continuously improved in China’s judicial practices. As a result, it is imminent to strengthen the supervision and management of the prisoners who are sentenced to be on probation and to be under control. It is also of high urgency to improve the educational effects for prisoners. Basing on the judicial practice of our country and experience of legislation and justice from other western developed countries, "Amendment VIE to the Criminal Law of the People’s Republic" sets up the system of criminal prohibition order. The introduction of the system of criminal prohibition order has important significance. First, the establishment of criminal prohibition order system is a positive and useful exploration of the non-custodial penalty of the reform and perfection, and it has a very good role in promoting the improvement our country’s penalty system. Secondly, the criminal prohibition order promotes the research and application of the personal dangerousness, so that the regulation and probation supervision become more targeted, which helps to realize the individualization of punishment. Once again, "Amendment VI to the Criminal Law of the People’s Republic" provides that the criminal prohibition order is enforced by the correction agency, while the specific order content can make the objects of community correction should follow the prohibition obligation clearer, enriching the corrective measures, improved the means of correction, and it is advantageous for the community correction institutions to suit the remedy to the case, promoted the correction work carried specification.Criminal order mainly prohibits criminals following three contents:First, It is forbidden to engage in specific activities; second, it is prohibited from entering a specific areas and places; third, it is forbidden to contact the specific person. Looking from the relevant laws and regulations of other countries, the qualification punishment and security measures are related to the mentioned form our criminal prohibition order, so the analysis of qualification punishment and other related system will certainly help us to grasp the nature of the criminal prohibition order, so as to give full play to the role of the criminal prohibition order, to achieve the purpose of crime prevention. In fact, from the analysis of the legislative purpose, the application object, the implementation of content and other aspects of the criminal prohibition order system. The criminal prohibition order system is on the basis of a variety of criminal law theoties, but the most important and the most direct theoretical basis should be the personal danger theory, the criminal policy of combining punishment with leniency theory and the socialization theory.After the introduction of the system of criminal prohibition order, the "Provisions on Issues concerning the Application of Injunctions to Criminals Sentenced to Public Surveillance or Probation (for Trial Implementation)" (hereinafter referred to as the "Provisions") has carried on the detailed provisions about the content, the applicable condition of the criminal prohibition order and the consequences of violating a restraining order so detailed requirements. Nevertheless, there exist many problems in applying the criminal prohibition order in our country judicial practices, problems like low suitability rate, not standard applications and poor implementing effects are prominent. All the problems have close relationship with both the unclearness of the laws and regulations of the criminal prohibition order and the inadequacy of mechanisms in judicial practices. Specifically, the reasons that afore-mentioned problems have appear in practicing the criminal prohibition order system are mainly composed of the following:First, the contents of the criminal prohibition order are relatively general provisions; Second, the rules about the applicable condition of criminal prohibition order are relatively abstract; Third, the applicable object of criminal prohibition order is too narrow; Fourth, the execution system of criminal prohibition order is imperfect.As a new system, the criminal prohibition order will be continuous improved along with the development of theoretical study and practical experiences, only in this way can we guarantee the realization of the purpose of the criminal prohibition order system. In this sense, we must further explore the ways to improve the criminal prohibition order according to its difficulties in judicial practice and the reasons for difficulties. First, we should further clarify the content of the criminal ban; Second, we should establish and perfect the personal danger evaluation system; Third, we need to extend the appropriate object of criminal prohibition order; Fourth, we need to improve the execution system of the criminal prohibition order. We believe that with the theoretical research and the experience of judicial practice accumulated, the criminal prohibition order system will constantly improve, and play out its proper value.