The Basic Theory Of Criminal Injunction

In China’s criminal law, injunction involves a series of acts prohibited, which are prohibited from engaging in certain activities, in certain areas of tube bundle,places and prohibit contact with the specific person according to the specific circumstances, in order to educate and correct the crime people who have been sentenced to control or probation, and maintain a social order. This paper is mainly discussed about the basic theory of the criminal prohibition, in order to clarify the basic theory of the criminal prohibition, whether to the criminal prohibition legislation development, or to the practical application, both are of great significance.This paper firstly introduce the notion of the criminal injunction and the system behind the theoretical and practical basis, clarifying the criminal injunction value.According to the legislative background and the existing regulations of the criminal injunction. In the second part, introduce the basic characteristics of the criminal injunction, including preventive, specific, flexibility and supplementary. The third part is on the study of the nature of the criminal injunction, determining the criminal injunction as a security measure. The fourth part discusses the criminal injunction function and purpose. The function contains limiting the ability of recidivism and making the correction function to the perpetrator, soothing protection function to the victims and their stakeholders, maintaining protection to a society, and has the supplement function to the criminal law of architecture. The purpose of the criminal injunction refers to a special prevention. The fifth part discusses the principles of the criminal injunction, with the principle of necessity, the principle of relevance, the principle and the principle of balance. At the end of this paper, on the ground of the basic theory of the criminal injunction which is discussed in the previous five parts for the paper, put forward some suggestions for future development.