Research On The Criminal Law Prohibition System In China

The criminal law prohibition order is one of the newly established systems in the amendment to the criminal law(8)of our country,which has positive practical significance for the prevention of the controlled criminal and the re-crime of the suspended criminal.As a new legal matter,there are inevitable disputes and imperfections.On the theoretical level,there are still many controversies about its legal nature.Some scholars think it is an innovation of supervision mode and some think it is a new punishment mode.By analyzing the theoretical research results of domestic and foreign criminal law prohibiting order,the author defines the concept of criminal law prohibiting order in China and concludes that the legal nature of China's criminal law prohibiting order is security punishment through rigorous logical deduction.In practice,the implementation of the criminal law prohibition order was indeed actively tried by the judicial organs at the beginning,but due to the insufficiency of relevant system provisions,incomplete decision procedures,incomplete enforcement and supervision mechanism,and ineffective accountability for dereliction of duty,the system is a little bit insufficient in judicial practice.The author starts with the legislation,decision and implementation of China's criminal law prohibiting order,sorts out the implementation status of China's criminal law prohibiting order from the aspects of application regulation,decision declaration,specific implementation content and violation of punishment,and analyzes the main problems and causes.At the same time,combining the implementation of the security punishment system of some typical continental law systems,including Germany,France and Italy,the author summarizes the advanced experience of the above countries from the three aspects of the system regulation,decision procedure and execution system of the criminal law injunction,and gets inspiration from them.Followed by the author in the order of the criminal law legal framework,based on the current criminal law injunctions,tries to add Suggestions subject,expand the applicable objects and scope,increase the objection relief system,establish a diversified community correction team,rich implementation way,increase the technical support,set up information interaction platform,strengthen the functions of the collaboration and accountability mechanism and so on sound dereliction of duty,from the system of rules,decision procedures,enforcement system Angle proposed consummates our country criminal law the injunction system applicable Suggestions.Finally,the research results are summarized,Suggestions are proposed,and deficiencies are analyzed to provide references for future research.