Research On The Application Of Chinese Criminal Prohibition

The embankment of the Amendment(VIII) to the Criminal Law of the People’s Republic of China has introduced the Criminal Injunction Institution to our criminal penalty system for the first time. As one of the innovations of the criminal penalty system, the establishment of injunction system has strongly driven forward the execution socialization in China.In recent years, the injunction becomes the focus and hot topic regarding the criminal law both theoretically and practically without any final conclusion agreed by scholars till today. This paper will mainly probe into the features of the injunction and present in details in respect of the establishment background, theoretical foundation and so on. The final viewpoint is that the injunction is part of the community correction system. And at last, some points of view related to the development and reform of the injunction will also be put forward. In general, this thesis aims to achieve the following tasks: elaborating the concepts, characteristics and contents of the criminal injunction, proving the justice of criminal injunction, analyzing the deficiencies of practices at present and proposing some constructive suggestions on the improvements. In specific, this article composes four parts(chapters). The first part makes an introduction on criminal injunction. On the basis of definition, criminal injunction is an innovation on the execution and supervision of punishment. The basic characteristics can be also seen in this chapter as the author taking different controversies overcurrent criminal injunction for example. Secondly, the focal points are revealed by implicate analysis and comprehensive research while it is proven that the necessity and practicality of criminal injunction. And then expounds the principles, declarations and specific enforcement measures in order to obtain wider and deeper understanding of this rule. Finally, the author is providing judicial practice and suggestions on these concrete issues, being the impetus to reconstructing the criminal injunction system.Although the criminal injunction still has some defects and lots of issues are expected to be solved in the future. We believe that with the development of this new rule, criminal injunction will be improved and bring about its value.