Our Country’s Criminal Injunction System Plight And Path

The Amendment VIII to the Criminal Law of the People’s Republic of China, adopted at19th session of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on February25,2011, is shall come into effect on May1,2011. The second article, eleventh and fourteenth article of the amendment provides a kind of new system which make the provisions of the criminal prohibition system of criminal injunction system by the second paragraph of the thirty-eighth and seventy-second of criminal law. Our country’s criminal injunction system prohibition regulations for Where a criminal is sentenced to public surveillance or granted with suspension of sentence, he/she may also be prohibited, during the term of public surveillance, from engaging in certain activities, entering certain regions or premises, or meeting with certain persons, depending on the circumstance of crimes committed.Since the amendment VIII to the criminal law of the people’ s republic of china has been implementation, the people’s courts at all levels are widely applicable to the criminal prohibition system, but because of it is a kind of new system, it is lack of practical experience in the implementation process, so there must be many problems.The article make a system analysis of the significance of this major and exist from the criminal prohibition order properties, foreign legislation practice and inspiration, prohibit the difficulties and problems in judicial practice and make the system since the implementation of China’s criminal, and the relevant solution paths and other aspects of the criminal injunction system related problems. Firstly, make a comprehensive analysis of the current situation of legislation of criminal prohibition system and the applicable situation after the implementation of the system, combining the criminal law scholars on the legal nature of the criminal prohibition that disputes are analyzed, put forward the author’s point of view. That is our country criminal injunction system has security measure characteristics of the supervision measures. Then elaborated the criminal prohibition order system added significance. Secondly, introduce the criminal injunction system foreign legislation practice and analysis, are introduced respectively in Britain, Germany and France criminal law about the criminal injunction system and related systems, mainly carries on a analysis about the nature, the legal provisions of their system and their reference to our country criminal injunction system. Once again, revolve round the criminal injunction system since the implementation and make a analysis from the difficulties and problems in judicial practice, makes a specific explanation on the criminal prohibition declaration and the emergence of problems in the process execution supervision. Finally, discusses the criminal prohibition of solving path makes the system dilemma, in view of the criminal injunction is a kind of new system, therefore, many problems inevitably in the implementation process, analyze and solve the problem becomes the key to future criminal prohibition can be successfully applicable. So this part will naturally become the focus of the article, the part of the legislative, judicial and executive three aspects put forward the concrete improvement, improve and standardize the measures, guarantee the smooth conduct of the work of rectification.