Research On The Nature Of Criminal Injunction

The embankment of the Amendment(VIII) to the Criminal Law of the People’s Republic of China enables to include the injunction in the 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 criminal injunction becomes the focus and hot topic regarding the criminal law both theoretically and practically without any final conclusion agreed by hundred schools of thought till today. This paper will mainly probe into the nature of criminal injunction and present in details in respect of the establishment background, theoretical foundation and so on to make the final judgement on the criminal injunction that it is part of the community correction system. And at last, some points of view related to the development and reform of the criminal injunction are put forward.This paper is comprised of the following four parts:First, the nature discussion of the criminal injunction; The source, legal condition, theoretical foundation, inherent features and various views on the injunction will be introduced.Second, the nature identification of the criminal injunction; The author will make her own judgement on the features of the injunction based on the comparison between the injunction and relevant conception.Third, the applicable issues related to the nature of the criminal injunction such as the source, litigation, appeal and no aggravating punishment in appeal.Fourth, the reform and development of the criminal injunction; The author believes that the injunction can be reformed in short term within the framework of the community correction and the criminal injunction can be converted into qualification punishment in the long term.