The Research On Chinese Criminal Injunction

Criminal injunction has the specificity of applicable objects and applicable for the main body,which due to the special circumstances of the sinner for the science, the punishment and correction techniques appropriate to the individual. The punishment can not only prevent the criminal again but also not announced alone. Restraining ordering and security measures of Chinese criminal law, have some differences in criminal record reporting system, administrative sanctions, corpus ruling has crossed. But in the applicable objects, the establishment time, period, and set the objective aspects, also the category of the restraining order protects and are inaccurate, ordering is a kind of comprehensive measures. For the personal danger theory, individualized punishment theory and the socialization theory for an injunction laid a solid theoretical foundation, the implementation of the ordering also promote these enrich the basic theory.In the aspects of application of criminal injunction, criminal injunction is applicable to who under control or probationer, the court is the applicable subject, grassroots judicial administrative organs is regarded as the main actuator, criminal injunction to apply situation within the scope of the statutory three prohibited according to the case. In the execution of criminal ban,community correction should be the actuator, the criminal execution of criminal injunction can be equal to or shorter than controls the actual execution of time limit, the real test of a probation period; In violation of the criminal injunction to should undertake the corresponding administrative penalty, the gradient of the punishment.Criminal injunction system application in our country is still in the preliminary stage at present, there are lack of the legislation; Criminal ban on the judicial application; the applicable rate is low and the application is lack of standardization; In implementation,the main confusion,loss of programs, community foundation instability and lack of technical means of criminal injunction to perform fatigue. Aiming at fixing the shortcomings of the criminal injunction, we can do a lot in the aspects of criminal law in criminal ban, the judiciary and the execution. Should be emphatically from the parolee into criminal injunction to the applicable objects, the unit also into its scope of expanding the scope of criminal injunction to add relief means and the requirements of the program to be perfected from the legislation; Justice, personal risk assessment and to establish the judicial principles executive main body and procedures, etc; In the aspect of the implementation of execution, scientifically assess the personal danger, establish the main principle, improve the system of community correction and long-distance supervision system and related supporting mechanism.