Research Of Criminal Injunction

As the measure of job forbidden was added into <Amendment to Criminal Law>(Nine),the contents of criminal injunction were enlarged.Through researching the contents of Criminal Injunction,and making comparisons with the corresponding system abroad,we try to draw lessons from the advanced experience and make up for the deficiency.Then we will make suggestions to guide the judicial practice.There are four parts in the thesis.The first one is the overview of Criminal Injunction.The second part is the application.The third part is the comparison with the corresponding system abroad.The fourth part is the deficiency and perfection.Firstly,in the overview of Criminal Injunction,the background of legislation and development is stated with the clause of time.Then the concept and character is emphasized stated.Considering the security measure is the character of Criminal Injunction.At last,the characteristic of Criminal Injunction is discussed.Considering Criminal Injunction has the characteristic of forbidding the qualification of rights,both the characteristic of penalty and administrative punishment and the necessity of special precaution.Secondly,in the part of the application of Criminal Injunction,the precondition,the summary,the date and the result are stated.About the precondition,Criminal Injunction is just applicable to public surveillance,probation and the person who take advantage of his job.But the writer holds the opinion that the precondition shall be enlarged.About the application summary,the measures in the <Rules of the Application of Criminal Injunction > are interpreted.Concerning the date of application,criminals who were sentenced to public surveillance and probation and persons who took advantage of their jobs are different.Concerning the result,criminals who were sentenced to public surveillance only result in the administrative penalty.But the criminals who were sentenced to probation and criminals who took advantage of their jobs would result in administrative and criminal penalty.Thirdly,about the comparison of the Criminal Injunction abroad,the writer selects representative nations from civil law system and common law system.In civil law system,the system of Security Measure of Germany and Japan is similar to ours.And in common law system,Britain and America also have the corresponding system.We could find the advanced experience from the comparison.At last,from the preceding part of the thesis,we will conclude the deficiency and make suggestions of perfection.About the deficiencies,Criminal Injunction of our nation still has the problem that the legal basis is not perfect,the summary is not unified,the application range is narrow and the executive subject is not scientific.About these problems,we ought to make the legal basis more perfect.Through the form of judicial interpretation,we could make details,judicial application and enforcement more perfect in order to guide the judicial practice better.