Research On The Application Problem Of Criminal Injunction

The establishment of the criminal injunction is a major innovation in the history ofChina’s Criminal Law. It proclaimed by the judge of the people’s court and probationin the declaration while additional preventive measures of an auxiliary. In deed, it is acombination of the penal system and the Security Measures System. Theestablishment of criminal injunction made our penalty system gradient and morescientific. Realizing special prevention and achieving good legal effects and socialeffects.As the Criminal Law Amendment VIII promulgated, the theorists of the criminalprohibition did a lot of research. But mostly on the theory explanation are abstractive,research from the empirical and application perspective are less, so the criminalprohibition in the lack of suitable level summary and study. From all over the country,the applies of criminal injunction also have a big difference. Whether the criminalinjunction could exert expected effect of the lawmakers, how to solve the problems inthe operation of exposure in the system, we need further tests. The criminal injunctionto be applicable and performs perfect in practice, in accordance with the purpose ofbuilding a stabilize social, need for the application as the research object and thetheoretical research firm as support, to build a mature and perfect criminal injunctionsystem. This paper study detailed on the criminal injunction, from the prohibition ofpresent application of criminal injunction, application problems, improvementsuggestions etc, provide guidance for the judicial practice of China application.This is composed of preface and main text, The main text plays as the main bodyof this thesis, which consists of the following four parts:The first part discusses the definition of criminal injunction. First, comparativeanalysis of the currently academic circles about the criminal injunction property, putforward the property of the criminal injunction is a auxiliary measures of punishment, combining with the property of the Security Measures System and the property ofcrime prevention. Secondly, author summarizes five features in the application of thecriminal injunction: mandatory of the implementation, feasibility of the content,necessity of the method, pertinence of the applicable, accessory of the property.The second part mainly studies the criminal injunction applicable conditions.Firstly, In the aspect of the application, the author analysis the specific applicationdata in Shanghai city H people’s court, the people’s court of S in Henan province andChongqing H People’s Court. Summary the quantity, content, object of the applicationprocess characteristic; Secondly, we investigated in the community implementation,provide data support for the analysis of the third part of the article.The third part is the criminal injunction applies to the problems and causes. Thetime of the criminal injunction applies is short. In the legal environment and theimplementation of link has to be clear and improvement. This part mainly focus onthe application of criminal injunction, By acquiring the data, pointed out that thecriminal injunction the applicable rate is low on the macroscopic, lack of strength atthe micro level, inappropriate use in the case, analyzes the reasons for the problem ofcriminal injunction.The fourth part is to perfect the criminal injunction system. This part is the keypart of this thesis. In this part, the author put forward some improvement suggestions,such as: changing the perception, learning from foreign experience, clearing thecriminal injunction content, enhancing the construction of the system andstandardizing the supervision mechanism.