The Study On The Application Of Criminal Prohibition Order

It is an important development in our penal system that Criminal Prohibition Order System first appeared in China’s "Criminal Law Amendment (h)". Criminal Prohibition Order System effectively compensates for poor supervision and control problems which existed in the law of control and probation. It is a concrete manifestation of individuation and socialization in execution, because it started from the dangerousness and specific circumstances of the crime to take appropriate measures for their isolation to crime and avoiding the danger to society and other people again. Since Criminal Prohibition Order was implemented all over the country, a large number of judicial practice case have sprung up. The appearance of Criminal Prohibition Order not only showed its strong vitality as a new thing, but also exposed imperfect aspects of legislation and implementation measures, which restricted the effects of Criminal Prohibition Order System. Therefore, to make China’s Criminal Prohibition Order System constantly tend to be more scientific and perfect, we should learn from foreign experience and system, and start from the improvement of the criminal prohibition and judicial interpretations. Besides, we need to solve the problems existing in Criminal Prohibition Order from some aspects, such as clear applicable standards, reasonable supervision and implementation system, perfect implementation measures, as well as specific applicable content and legal consequences.