The Research On Judicial Application Of Law Order

The law order in criminal has applied about five years from the affection of Amendment to Criminal Law(eight), but there is short of research, such as the rare of monograph treatise and literature. For the application, the study is much less. The thesis paper tries to find the problems on the application and put forward perfecting suggestions after teasing the theory on the base of written judgement on the net and regulations such as Amendment to Criminal Law(eight) and the rule of problems about law order of the control criminals and probationer( proposed regulations).The first part of article is the basic theory of law order. The law order is based on personal dangerousness, personal punishment and socialization of penalty. It is preventive, affiliated, independent and compulsive. There are obligations, assistant punishment, security measures on the nature of law order. The article supports the assistant punishment in the control criminal. In consideration of the difference of control and probation, the measure of all-around treatment is the nature.The second part of article is the application on law order. Firstly, this paper analyzes the precondition and substantial condition. Then, analyze the application from the three content. The article finds that the application’s amount is from high to low, the relevance factor is still low, the order of prohibiting doing something exceeds the others, the adjudication organ is incompact, such as the territorial accusation and the solidified contact. Lastly, the article finds some problems in law order. The contact is rare of relevance and proportionality. The law order is superposition. The time limit is ossified. And the adjudication organ hardly states the reasons of application of law order.The last part of the article is about the suggestions. In the first, release on parole should be included in the application on law order. The problems are related to imperfect regulations, so we should formulate judicial interpretation to refine the law order rule. Then, we should enhance feasibility on the law order from the supervisor and mode of execution. Last, adjudication organ should increase the level of application, because the application is closely related to the judicatory.