Stady On The Problems Of Chinese Criminal Injunction

"Criminal Law Amendment(eight)," which entered into force on May 1. 2011, has made significant changes on China’s penal system, including a new system came into being, and this is the criminal injunction system. It’s appearance reflects the temper justice with mercy criminal policy and it is also an important innovation in the reform of China’s penal system, but the injunction system came into being since nearly four years, the rate of application in judicial practice had gradually reduced trend. So I had a lot of questions about it, why one which has a good system of legislative intention,but almost only stay on paper or just be shelved ? This paper attempts to explore injunctive system and related content, analyze their problems in the system itself, and then propose solutions to the path, we hope to play a certain role on developing a good system of injunction. This paper is divided into four parts:The first part describes the legislative background and focus on the value of the injunction system. By the defects of criminal policy, social management and control mechanisms, probation,the paper analysis injunction regime legislative background briefly, and then clear the value of the injunction system. As the first part of this paper,the main purpose is to point out the great contradictions between the value and function in injunction system and the dilemma in judicial practice.The second part is the definition of the legal nature of the injunction. The biggest problem in the injunction is the fuzzy positioning on the legal nature which was made by the official agency. The author analyzed the nature of the injunction views which were put forward by the Chinese scholars, and refute the analogy of the criminal and injunctive and Foreign similar system, through "ought" and "actual" point of view, to make personal definition of injunction system. And focus on the gap which was bridging between "Fact" and "ought", lead to the result that the nature of the injunction should return to the "ought" which was belong to Security Measures.The third part made a short summary on two big problems of the institutionalissues an injunction through the perspective of which arise and judicial injunction applies in our system of the problems of the sort summary. Pointed out that the vague provisions of the applicable conditions exist injunction in its own system design is unclear, prohibited content and lack of clearly defined procedures for the application of fuzzy problems. And then the author introduced the cases, and analyzed the problems in the judicial practice.The fourth part is based on the issues which were raised in the third part, in the perspective of the improvement of the judicial system and practice, the author put forward five recommendations to improve the system of injunction, in order to provide some impetus for the development and perfect of our criminal injunction.