Application, Enforcement And Perfection Of Criminal Injunction

As restrictive measures of personal freedom, criminal prohibition order makes up the shortage of non-imprisonment. It fully brings out the educational functions of community correction system. It plays an important role in combating and preventing crime effectively as well as maintaining social stability. But so far, both “the People’s Republic of China criminal law amendment(eight)” and “the suspension of the criminal provisions related to application for a prohibition order of trial” describe the prohibition of the provisions too generally. And because of lacking of experience in judicial practice operation, there are many problems in prohibition order application. In order to solve the difficulties, it is necessary to explore the theory of the prohibition order.Based on the research and exploration on the criminal prohibition order, this article analyzes the existing defects in the application. The writer also puts forward some suggestions from the angle of judicial practice. The article is divided into the following four parts:The first part is about the basic theory of the criminal prohibition order. It begins with the comparison between the concepts of criminal prohibition order in the the two legal systems. The writer concludes the understanding of the concept and the features of dependencies, coercive and preventive. Then based on the analysis of the mainstream academic point of views on the nature of the criminal prohibition order, the writer points that criminal prohibition order belongs to security measures. Finally, practical significance is given. In the second part, there is the analysis of the application and implementation of criminal prohibition order. The application mainly discusses the applicable objects, applicable conditions and content. The implementation focuses on executive body, deadline and execution consequences. Part three analyzes the difficulties of criminal prohibition order in legislation, administration and implementation. Flaws in the legislation are mainly legislation generality, narrow scope and lacking of relief programs. There are unclear judicial judgments. Sometimes there are no relevance and necessity. During the implementation, the problems are lacking of standardization, interdepartmental coordination and construction of community correction system. The proposals of criminal prohibition are given in the fourth part. The writer gives seven corresponding suggestions for improvement according to the defects discussed in the third part. They are making clear about the applicable conditions and the content, expanding scope of application, additional relief measures, establishing applicable principles, executive standardization, strengthen sectoral convergence, coordination of implementation and improvement of the community correction system.