Research On The System Of Criminal Injunction In China

On February 25,2011,the criminal law amendment(viii)(hereinafter referred to as amendment viii)first proposed the brand-new concept of injunction in the field of criminal law,which is known as "criminal injunction" : "For a criminal sentenced to public surveillance or whose sentence is suspended,the offender may,according to the circumstances of the crime,be prohibited,within a certain period of time,from engaging in specific activities,entering specific areas and places and coming into contact with specific persons".Then,on April 28,2011,the department of public security and public security jointly issued the "provisions on the application of injunction to the supervised objects sentenced to control and announced probation(trial)"(hereinafter referred to as the provisions on the application of injunction).Later,on August 29,2015,"criminal law amendment(9)"(hereinafter referred to as the nine)new jobs prohibit rules: "due to the use of professional convenience committing a crime,or commit against job requirements,specific obligations,was sentenced to a punishment,the people's court may,according to the needs of a crime and preventing crime again,banned its since the execution or the date of parole as of the date of completion of related professions,deadline for three to five years".Based on the latest criminal law,this paper studies the basic theory of criminal injunction,the system value of criminal injunction system and the current situation of legislation and judicature,in order to provide corresponding reference opinions for the judicial practice of this system and the legislative development in the future.This paper is divided into the following three parts:The first part is the basic theory of criminal injunction.While introducing the concept and characteristics of the criminal injunction,this paper analyzes in detail the institutional value of the criminal injunction system,which is in line with the criminal policy of combining leniency with severity,contributing to the realization of the non-custodial penalty function and contributing to the adjustment of China's penalty system.The second part is the status quo of the criminal injunction system.First introduced the criminal jurisdiction to the applicable objects,the applicable conditions,decisions and decision methods,executive subject,the legislative status quo of executable program,execution,supervision,etc,are analyzed in detail after the criminal ban system lack of relief system,executing boundaries is unknown,unknown weak executive main body and the liability subject,limited enforcement measures,implement supervision does not reach the designated position,etc.The problems existing in the judicial status quo.The third part is about the Suggestions.Firstly,the author puts forward some legislative measures to improve the criminal injunction system,including clarifying the meaning of the content of the criminal injunction,appropriately broadening the applicable objects of the criminal injunction,establishing and perfecting the relief system of the criminal injunction,and perfecting the legal liability provisions for violating the criminal injunction.Finally,the author puts forward some corresponding measures for the judicial perfection of criminal injunction,including the establishment of pre-trial examination system,the construction of diversified supervision system,the improvement of supervision,the standardization of execution mode,and the promotion of investigation.