The Nature Of The Injunction And The Application Of The Theory Of Criminal Law In China

China's ? criminal law amendment(eight)? added the criminal injunction system.Subsequently,the Supreme People's court and the Supreme People's Procuratorate,Ministry of public security,the Ministry of justice in April 28,2011 jointly issued the ?criminals of control,probation applicable prohibition provisions on the relevant issues(Trial)?(hereinafter referred to as the "prohibition provisions"),made detailed provisions of the criminal prohibition applies to the injunction.And next,in the ? criminal law amendment(nine)?,it added the professional injunction.There is no doubt that the prohibition order is to make up for the shortcomings of the existing shortcomings in our country.The main purpose is to prevent criminals from committing crimes again.However,due to the fact that it belongs to a new system in our country,there are some problems in the practice.The main reason is the operation of the system based on the lack of necessary guidance.In order to facilitate the effective implementation of the system,it need to comprehensive consideration and study of the system.And this article begins with the ban on all departments in the judicial process,the division of responsibilities,coordination,supervision and restriction of the multidimensional perspective,the injunction system and exert the value of justice for demonstration,and wants to give full play to the intent of the injunction.It is divided into four parts,the first part introduces the basic theory of the criminal law of our country,clear criminal law bans and the concept and legal nature,type,value function.The second part,from the substantive content of the criminal injunction system in our country,focuses on the substantive conditions of its application and the punishment of violating the injunction.The third part,through the introduction of the application of criminal injunction in our country,the problems existing in the judicial procedure,and puts forward some countermeasures.The fourth part is about the improvement of China's criminal law prohibition,including the expansion of the application of the legislative level of the object,the judicial aspects of the program to improve some of the it.