Legislative Study On Criminal Injunction In China

Chinese criminal injunction refers to measures taken by people's court in accordance with the specific crime of specified subjects prescribed by Amendment VIII to the Criminal Law of the People's Republic of China. It forbids criminals to engage in specific activities,enter specific areas and places, and contact certain persons within a reasonable time in order to restrain or limit the acts of criminals.The purpose of our country's criminal injunction is to prevent the social danger of the criminal.The special defensive ability of the criminal injunction has also determined that it does not belong to the penal measures but the security measures in the criminal sanction system,it owns the nature of security measures.China's criminal injunction to achieve the purpose of ensuring the implementation of non-custodial sentences even deeper level of legislative purposes, it depends on widely and reasonably applicable in our country's.The actual effect of criminal injunction's legislation ,which the application of the criminal injunction reflected showed that the legislative effect of criminal injunction did't reach the ideal state. The purpose of criminal injunction which aims to ensure implementation of non custodial penalty and prevent crime can't be achieved.There are some reasons, such as negative attitude towards judicature, and the judge is not willing to apply it due to its poor implementation, but the fundamental reason is the lack of effective legislation to guide judicial activities. The limitation of legislation is that there are few laws and regulations which can be used as the judicial basis. What is more important is that there are many problems in the provisions of the law governing the application of criminal injunction. In terms of suitable objects, the application of criminal injunction is narrow, which can not meet the requirements of the extensive application of criminal injunction and there is a large space for expansion; the content of application is not reasonable enough, for example, it pays too much attention to the protection of victims while ignores the purpose of special prevention; the confusion of the applicable standards leads to the irrationality of the declaration of prohibited content. the legal consequences of the violation of the criminal injunction are not clear; the absence of execution method leads the execution of the existence of chaos. These legislative problems are the main causes of the disturbing situation of the application of criminal injunction, so the perfection of our criminal injunction should begin with the perfection of legislation, and the legislation needs to be perfected targetedly. First of all, it is necessary to make a reasonable expansion of the suitable objects of criminal injunction, mainly involving parolees and juveniles. The content of application of criminal injunction needed to be reset and it should be definite. The establishment of a pretrial investigation is taken as the basis for the application of criminal injunction. In terms of execution, different execution methods should be set up according to different forbidden regulations to confirm and unify the execution methods. The perfection of the law is not to create the law blindly, but to improve it by means of the combination of the existing justice practice and original laws and regulations. It is a gradually perfected process combined with the concrete practice in China.