Research On The Application Of Criminal Injunctions In China

The criminal prohibition order is a brand-new legal system, and it is an pioneering undertaking in our criminal justice system. This thesis try to analysis the basic content of the criminal prohibition order, definite the criminal prohibition order to use in judicial practice.Simultaneously, Make recommendations to improve and remedy specific issues which is based on criminal prohibition order reflect the problem in legislative, judicial and practice.This thesis consists of four parts:The first part is introduced the outline of the criminal prohibition order. First, Introduces the legislative background of criminal prohibition order, In order to compensate for the loophole of control and probation,criminal prohibition order what is driven by the criminal policy of combining punishment with leniency entered the field of criminal law;Secondly,according to our criminal legislation and judicial interpretation to elaborate the basic meaning of criminal prohibition order;Thirdly,based on the contents and theoretical foundation analysis of criminal prohibition order to concluded criminal prohibition order has three basic features:dependence,uncertainty,mandatory;At last,according to analysis and Comparison security measures theory with qualification penalty theory,accounting criminal prohibition order in our country is regulatory measures of control and probation.The second part is probe the basic content of criminal prohibition order,principles applicable,Conditions applicable and prohibited content are included.the basic content of criminal prohibition order ensured its feasibility and necessity in practice,according to the regulations and theory of "prohibition order law",criminal prohibition order shall comply with the principled requirements of legality,targeted,Feasibility and necessity.Meantime, only the applicable of criminal prohibition order conform the substantive conditions of “somebody sentenced Control” and the formal conditions of “really necessary” to restrict or deprive the criminal's right to engage in a particular behavior.The third part is discourse the dilemma of applicable criminal prohibition order, that is the point of this paper,depending on the matter of criminal prohibition order's social foundation,legal norms,The effect of execute,reward and punishment system and remedies to elaborate and analyze the issue of criminal prohibition order. I think the current criminalprohibition order has many deficiencies,such as the weakly social foundation,uncertain Legal norms, Poor effect of execute,lack of reward and punishment system and remedies.The forth part is trying to give some proposal to improve the criminal prohibition order,this is also the focus and the value of this paper. First of all, explore community resources,strive for social groups and individuals' cooperate and Participate, secondly,Improving laws and regulations, further clarified the conditions when we should apply criminal prohibition order, when we can apply criminal prohibition order and when we can not apply it.Thirdly,establishing reward and punishment system and Improving remedies.At last, according to strengthen infrastructure construction and improve the cooperation of executive agency to promote the Implementation capacity of criminal prohibition order.