Research On The Application Of Criminal Prohibition Order

"Criminal Law Amendment(8)" created the criminal prohibition order system for the first time,which is an effective remedy for the legislative shortcomings of insufficient control and probation supervision.However,with the widespread use of criminal prohibition orders,its problems in judicial practice have gradually emerged.The problems of the system and the lack of norms in its judicial practice make the criminal prohibition orders unable to exert their maximum value.The "judicial application" in this article refers to the "judicial application" in a narrow sense,which is the application at the trial stage of the court and does not include the application at the execution stage.Based on actual judicial cases,this article organizes the criminal law prohibition application cases of the China Judgment Documents website in the past three years,and further analyzes typical cases,to investigates some problems before the announcement of the criminal prohibition order.For example application basis is unknown,the content of the prohibition order is arbitrary,the application period is rigid,the two types of prohibitions coexist in the application of confusion,and the prohibition order relief methods are insufficient.Secondly,based on the analysis of the principle of prohibition order application,we propose specific solutions to the above problems from two levels of system regulation and judicial application,in order to further improve the criminal prohibition order system.