The Study Of Prohibition Order In Criminal Law

Prohibition orders in China’s Criminal Law appears only in the control and probation, primiraly to take a separate measure of protection and restrain for non-custodial sentence offenders. According to the provisions of criminal law, the prohibition orders are attached to some specific sentence of imprisonment. There is no doubt that the prohibition orders are contributed to the improvement and implementation of social effects of non-custodial criminal enforcement. As the supervision of the control and probation, Community Corrections has some connection with the prohibition orders. Criminal Law Article 38 states that “when a person is sentenced to control punishment, but also the Community Corrections is implemented”, Criminal Law Article 76 also stipulated that “when a person is adjudged to probation, the Community Corrections will be implemented during the probation period”, thus the improvement and effectiveness of Community Corrections have a directly related to the implementation of the results of Prohibition orders. To balance the relation between Community Corrections and prohibition orders in a right way is the key point to whether prohibition orders can become effective.So far, the research of prohibition orders in our country was concentrate on its property and peculiarity and the problems of practice. But this kind of research is not make it clear to the concrete application of prohibition orders in the practice of law. As an exotic in China, prohibition orders has improved the procedural law and substantive law of our country. The process to perfect prohibition orders is also involve the reformation of the penal system. At the same time, several problems were found in the practice of prohibition orders, which shown that the legislative structure of the criminal sanction of China is single, and the judicial application is disproportionate in our country. The first half of this paper make a elaborate analysis of the nature of prohibition orders, then elaborates the contents、the suitable conditions、the applicable people of prohibition orders and make a detailed discussion on consequences and responsibilities of violating the prohibition orders. In order to strengthen the theoretical studies of prohibition orders, and this is also the purpose to perfect the influence of prohibition orders in legislation and justice.