The Research Of Criminal Injunction System

Since the law of the People’s Republic of China criminal law amendment(eight)"(hereinafter referred to as the" criminal law amendment(eight) "),Criminal injunction system has been widely concerned by all levels of courts in the country,However, due to the lack of practical experience in the implementation process,Combined with current rules of criminal ban too general and abstract,Causes the criminal prohibition order to produce a series of new situation and the new question in the process of the judicial application.Therefore, the analysis and Research on the relevant legal issues in the process of the application of the criminal injunction,To make the criminal prohibition order better serve the judicial practice,which has important theoretical value and practical significance.This article is divided into five parts,The first part mainly Outlines basic concepts, characteristics and content of criminal ban,Based on this,Analysis of the nature of China’s criminal injunction,Further analysis of the differences between the system of criminal injunction and the cessation of the injunction and the prohibition of environmental protection;The second part respectively in continental law system countries of Germany, France, Sweden and Britain and the United States in Anglo-American law system countries criminal ban system, investigation and analysis,Absorb its reasonable place,Provide a beneficial reference to perfect our country criminal ban system;The third part is mainly to the current situation of the legislation of criminal ban system of our country and discusses the problems existing in the legislation aspect,Pointed out our country criminal ban in provision, the applicable scope of the deficiencies;The fourth part through the empirical study criminal jurisdiction to the judicial application of the status quo,And the criminal jurisdiction to regulation does not reach the designated position in the judicial practice, carries out the difficult problems such as analysis;The article last part mainly aims at our country criminal jurisdiction to problems in the legislative and judicial application,Put forward specific improvement measures and suggestions for improvement,Hope to improve the system of criminal jurisdiction to the future development of our country.In view of the deficiency of the criminal injunction system in the legislative and judicial aspects,Analyze and solve the problem will become the key to the future of the criminal prohibition order,Therefore, this part is the key point of the article.