The Practical Dilemma Of Criminal Law Injunctions And Their System Adjustments

The criminal law prohibition order system is a criminal execution system in which the people’s court restricts the activities,access to places and contacts of some controlled criminals and probation offenders within a specific period of time on the premise of comprehensively analyzing their specific crime conditions in order to prevent them from committing crimes again.On February 25,2011,the criminal law amendment（8）officially incorporated the prohibition order system into China’s criminal field;On April 28,2011,the Ministry of public security,the Ministry of justice,the Supreme People’s Procuratorate and the Supreme People’s Court issued the provisions on the application of prohibition orders to supervised objects sentenced to public surveillance and suspended sentences（for Trial Implementation）,which marked the real foundation of China’s criminal law prohibition order system.The prohibition order of criminal law is an important part of the institutionalization of the criminal policy of tempering justice with mercy.It has greatly changed the current situation that judicial practice has relied on imprisonment for a long time,reversed the situation that the execution of imprisonment in the past was too rigid,and widened the scope of application of community correction.The prohibition order system of criminal law has been issued for 12 years,but there are still great defects in the relationship between the construction of the system and the development of the times: at the legislative level,the provisions are too general;In the practical dimension,the system construction is not specific and the application rate is low;From the theoretical point of view,the existing research is not deep enough.Most of them carry out simple doctrinal interpretation around the normative provisions,and do not provide solutions for the improvement of the system.Norms are based on social facts,and the effectiveness of the legal system has social attributes,including external oriented common practice and internal oriented normative consensus.For this reason,it is necessary to explore the real face and future orientation of the criminal law injunction system from the practical dimension.The full text consists of four chapters.The first chapter investigates China’s current criminal law injunction system from four angles: nature dispute,legislative provisions,judicial application and implementation status;The second chapter is based on the current situation of China’s criminal law injunction system,analyzes its difficulties in the process of legal system construction and judicial application,and combs and summarizes the system problems;The third chapter,based on the existing legislation,corrects the problems existing in the prohibition order system of criminal law from the perspectives of severe punishment and the improvement of community correction system;The fourth chapter further discusses the future development of the criminal law injunction system.In terms of legislation,we should further supplement and improve the system,the judicial level,integrate law enforcement resources and improve the supporting system.