Study On The Application And Perfection Of Chinese Criminal Injunction From The Perspective Of Crime Prevention

Criminal injunction is a strange but familiar topic. As a strange topic, it is thefirst time for our country to introduce this concept into the amendment eight to theCriminal Law of the People’s Republic of China. As a familiar topic, this concept hasbeen gradually adopted in many foreign countries, not only in the common lawsystem but also in the civil law system. The study of criminal injunction origins frompeople’s interesting of crime prevention. The compelling force of criminal law is thereflection of the severity nature of penalty. However, an outstanding criminal lawshall focus on caution as well as prevention instead of excoriation to past guiltybehaviors. It is more important to give offenders the opportunity to mend theirmistaken behaviors, and it is more meaningful to protect innocent people from anyinfringement.Based on the aforementioned purpose and idea, the author begins to study thesystem of criminal injunction. This paper starts with basic conceptions of criminalinjunction, followed by seeking its evolution, and then details its nature and legalstatus step by step. The establishment of basic conceptions may contributesignificantly to understanding specific rules and contents, and may lead to a correctvalue evaluation. During the research of the history of criminal injunction, manyrelated rules and regulations, such as public security punishment and probation indication, are of great meaningful reference value. Therefore, after a deep-goinganalysis and comparation, the author records the advantages of various rules andregulations for the purpose to provide reference to the perfection of Chinese criminalinjunction.Using good method from old days, from foreign countries, the transplantation ofa legal system needs considering our national condition. As a consequence, the authordiscourses from the current legislation situation and judicial practice. In the aspect ofcurrent legislation situation, it is not sufficient to look into the criminal lawindividually. In addition, comprehensively considered the prohibition measuresimplementation in the criminal litigation and civil procedure and relationship studycould be better understanding for the structure design of the system, which avoidedconfusion. In the another aspect of judicial practice, the author has chosen the relevantcases as the sample for the empirical analysis since the criminal injunction put intoeffect for three years. Understood the basic situation, the trends and issues of theimplementation of the criminal injunction, it could strengthen the pertinence for theproposals and suggestions, hereby applying theory to practice.Comprehensive the above situation of making investigation and study, the authormakes the suggestions for improvement of criminal injunction from the aspects oflegislation, administration of law and judicatory. Any excellent system requires thesufficient contents, complete procedure and powerful execution to be supported andguaranteed. In terms of the criminal injunction, the system processes the characteristicof humanization and individuation. The legislators, judicial and law enforcersconfront the critical challenges. It commands that using wisdom to achieve in therespect of legislation, taking courage to create the feasible system and also makingefforts to safeguard the implementation of criminal jurisdiction.