On China Criminal Prohibition

With"Criminal Law Amendment (8)" officially issued and implemented on May 1,2011, the system of criminal ban enters people’s vision. Later, the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security, the Ministry of Justice jointly issued the "Regulations on Criminal Jurisdiction Alpplying to the Criminals Sentenced to Public Surveillance, Suspended Provisions(implementation)" (hereinafter called the regulations for short), which makes the further arrangements for the system of criminal ban. The establishment of the system of criminal ban conforms to the change of legal reform and social security situation and is helpful to perfecting the execution system of non-imprisonment penalty.and gives full scope to non-imprisonment penalty.But because criminal ban is the new content of "Criminal Law Amendment (8)", there is only a little research of the past from the domestic criminal law theory circle. Thus, there exist different views and debate on the legal nature of criminal ban, value and other issues. From the point of the judicial practice, as the courts deliver their verdicts of criminal ban, many problems followed. How to correctly understand and accurately apply the criminal ban,and how to complete organic unification of legal effect and social effect are major tasks that the current law field is faced with. So analyzing and researching the legal issues related to criminal jurisdiction have important theoretical significance and practical significance. In order to promote the improvement of the system of criminal ban,the author writes the paper to have a theoretical discussion on the system related to of criminal jurisdiction from the legislative, judicial application.This paper explains the issues related to criminal ban through three parts.The first part is the summary of criminal ban.On the one hand, the criminal ban illustrates its concept, characteristics, nature and value, etc. It points out that the People’s Court prohibits the criminals sentenced to public surveillance and suspended provisions from engaging in specific activities, entering specific areas,places, and contacting the specific persons when they are controlled and implemented and during the probational periodAccording to the situation of the crime in order to promote the criminal correction education and effectively maintain social order. The criminal ban is subjunctive and preventive and has certain theoretical and practical value.Essentially, criminal ban is a series of comprehensive treatment measures combining additional execution and supervision measures related to penalty with the additional test rules related to probation).On the other hand, the criminal ban summarizes the system of criminal bans of the criminal law in Germany, the United States, Britain or other countries as well as the differences from that in our country,which lays a foundation on perfecting our criminal ban by adopting foreign countries’experience.The second part mainly discusses the application and implementation of criminal ban to judicial practice. Firstly, in the part of judicial practice, the author clarifies the content of criminal ban as "three specific aspects",which points out that the court should apply criminal ban based on necessity and relevance,and on the premise of the clarity, enforceability and equipollence. Secondly, the author thinks that the main body of executing criminal ban should be community correction mechanism.At present,the ways to excute criminal ban are too simplex to satisfy the needs of practice.Thus,the ways need to be enriched. Thirdly,the author expounds the results of breaking the criminal ban.The third part analyses the problems in applying and implementing criminal ban at present and then offers targeted solutions.That is,this part provides excellent suggestions for the development of the criminal ban via the perfection of the legislation and the program of judicial application as well as the establishment of related supporting mechanism, etc.In summary, this paper preliminarily explicits the nature and value, the applicable conditions and principles, suitable content and the legal consequences of violation of the criminal ban.Besides, it put forwards excellent measures for the application and implementation of criminal ban. The author hopes the paper can not only help people to practice, but also serve as a modest spur to induce someone to come forward with valuable contributions.