The Research On Criminal Injunction

In order to strengthen controls to the criminals who were sentenced to probation and control, reflect China’s "temper justice with mercy" criminal policy, "Criminal Law Amendment(eight)" added a criminal injunction system. However, because criminal injunction is still a new system in China, both in theory and in judicial practice, people lack understanding of it, and there are a lot of controversial issues. Therefore, the criminal injunction comprehensive in-depth study has important theoretical and practical significance.This paper is divided into four parts:The first part is the basic question of criminal prohibition order system. In this part of the basic concepts of criminal injunction issues, characteristics, properties, etc. of discrimination, the criminal prohibition order to define the concept of a people’s court in accordance with the specific circumstances of a crime, in that there are necessary to control or probation sentence criminals to make it engage in certain activities prohibited to enter a specific area or a specific place and contact person prohibitions; considered a criminal injunction features include subsidiary, complementary and mandatory; the nature of the additional measures should be bound by the additional specific behavior. Next, from the source system to start injunction, namely China’s "temper justice with mercy" criminal policy analysis of the criminal prohibition order system introduced legislation and practical background from the original legislative control and probation system, and carry out the implementation.The second part focuses on the application of the criminal prohibition order. In this section, the first criminal injunction contents are introduced and analyzed, and some deficiencies raised the question of how to define "high consumption activities", "entertainment", "large-scale mass activities", etc. suggestions. After that, apply the principle of a prohibition order made framed and discussed that the applicable principles should include the principle of necessity, relevance principle, the feasibility of the principles and the principles of non-repetition. In this section, section III, the paper of the injunction application objects on the basis of a brief introduction, focusing on whether parole should be applicable to criminal offenders injunction issues were discussed, proposed different from the current mainstream view the view that is not necessary for the application of criminal parolees injunction.The third part of the implementing agencies on the implementation of major criminal prohibition order, duration, monitoring, consequences are discussed, with emphasis on issues related to the second quarter and the fourth quarter were analyzed demonstration. Section II incorporates the provisions of the relevant laws and regulations, a clear time frame for implementation of the criminal prohibition order, and the details of the existing provisions of an existing in-depth analysis. Section IV is divided by three different situations for the implementation of the outcome of discussions, and on whether it should increase the liability of a serious breach of a prohibition order made this regulatory issue made comments that should not be a serious breach of a prohibition order to increase the control of guilty legal liability.The fourth part is the problem of improving the criminal prohibition order made certain suggestions to address and improve, think people should establish criminal personality evaluation mechanism, the introduction of "guarantor" and "margin" system, and proposed community should build a sound community correction from perfect team configuration, increasing the modern electronic means of monitoring the application and development of "community corrections" and other aspects of correction comprehensive enforcement mechanisms.