Research On My Country's Criminal Prohibition Order System

Before the introduction of “Amendment ? to the Criminal Law of the People's Republic of China”,due to the low application rate of control and the strict application conditions of probation,it has not played its due value in China's judicial practice.Therefore,in order to improve the supervision,management and judicial application of the two non-custodial penalties,namely control and probation,the criminal injunction system was added in the “Amendment ? to the Criminal Law of the People's Republic of China” for the first time,which is also one of the highlights of the amendment.The injunction is a supervisory system in which the people's court decides whether to prohibit criminals from engaging in specific activities,contacting specific persons and entering specific places and regions during the period of control or probation by considering the personal danger of the control offenders or probationers.Because of the influence of its legislative purpose,the system of criminal injunction has the characteristics of accessibility,prevention,compulsion,and selectivity.From the perspective of relevant theoretical study,the system of qualification penalty,security measure,probation instruction and criminal injunction are interwoven.The deep analysis of these systems will help us to grasp the nature of criminal injunction accurately.At present,there is no unified opinion on the nature of the criminal injunction system in China.The establishment of the system itself is to better link the control and probation system with the community correction system.Therefore,it is more reasonable to define the criminal injunction with the nature of community correction.Subsequently,the “Amendment ? to the Criminal Law of the People's Republic of China” added the provision of "employment prohibition system" in Article 37 of the Criminal Law.and the content of injunction system and "employment prohibition system" are similar,but there are also some differences.From the perspective of other legal provisions and extraterritorial systems in China as well as the foreign system,there are great differences between the criminal injunction system and the relevant injunction system in other department laws of China.Through the investigation of the relevant systems of the continental law system and the common law system,it can be seen that Germany and Japan,as the representative countries of the continental law system,have similarities between the security measure system and the criminal injunctions system of China,while the United States and the United Kingdom,the representative countries of the common law also have similar systems to the criminal injunctions of China.Through investigation and study,it is found that the pertinence of applicable content of the security measure,as the relevant injunctions system,and the scope of the applicable object of it should be studied in the criminal injunctions system of China,and its personality assessment system can be used as a judgment of the judges of China on the crime whether to have the proclamation of an injunction.It is a reference supporting system of standards to learn from.Such references can be absorbed and learned by China,so as to continuously improve the criminal injunction system in China.The most direct purpose of the introduction of the criminal injunction system is to achieve effective control of non-custodial penalties and then achieve the deep-seated purpose of crime prevention.Therefore,the legislative significance of the criminal prohibition order system is mainly reflected in the optimization of the penal system and the sentencing rules,which meets the economic requirements of penalties,contributes to the realization of non-custodial penalties functions,and could effectively prevent crime.However,the implementation of the system has two sides that can not be overcome.There are still some confusions about the legislation of the criminal injunction system,including the imbalance of the criminal law function caused by the issuance of the criminal injunction,which led the impact on the basic principles of the criminal law,As far as the essence of criminal injunction is concerned,its application logic is confused,its content is not standardized,and the consequences of violation of injunction are unbalanced for the controllers and probationers.Because of these legislative problems,there are also some problems in judicial application,such as the judges are more casual in declaring the application of injunction,the content of application is not standardized and the pertinence is not strong,and there are unfavorable phenomena in the implementation process as well.Any excellent system needs to be supported and guaranteed by sufficient contents,complete procedures and strong execution.Similarly to the criminal injunction,only through continuous improvement and development can be ensured the realization of the legislative purpose and legislative value of criminal injunction.Therefore,it is quite important to perfect the criminal injunction system in legislation and judicature.To sum up,in the future,the applicable principles should be clearly defined and effectively linked with the community correction system,and the defects of the injunction in legislation and application can be perfected by establishing a pre-trial investigation system,adding relief channels,establishing a coordination communication mechanism and supervision mechanism,balancing the legal consequences of violating the criminal injunction and setting up a revocation procedure of the injunction.It is believed that with the continuous deepening of the criminal injunction system theory and judicial practice experience,the system will be guaranteed to achieve a real "prohibition by injunction ".