Study On The Criminal Prohibition

In the nature, criminal prohibition is very similar to the security measures, but they are not the same. Specifically, it refers to the regulatory measures declared by thePeople’s Court to control and correct the offenders. Declare criminal prohibition must In the premise of offenders Sentenced to controls or declared probation, so criminal prohibition has Characteristics of dependent; declare criminal prohibition must based on the offenders’ specific situation to give different processing results, so it hasCharacteristics of discretionary and targeted. According to China’s "criminal law" and "ban regulations such as the current laws and regulations, the order of the criminal law aims to education correct crimes and maintaining social order. Injunctions of the criminal law that is decided to apply injunctions of the criminal law on the basis of only is sentenced to public surveillance, and on a criminal’s personal danger,community correction mechanism to scientifically evaluate the criminal personal danger, should adhere to the principle of the unity of subjective and objective, must not ignore the subjective aspects of the evaluation. Ban include a ban on the content of the criminal law is engaged in specific activities, not allowed to enter a specific area, location, three categories of people barred from specific contact, the diversification of the content is to ensure that the order of the criminal law. When the people’s court declared that criminal law an injunction, in addition to on the basis of the personal danger shall adhere to the criminal, at the same time should also follow the principle of necessity, relevance, and feasibility. Ban in our criminal law there aresome shortcomings in the legislation, the content and purpose including injunctionsof criminal law, the applicable scope is too narrow, change the separation system lack of problem, we should to do a good job of our legislation. First of all, to perfect the content of criminal law order, change the "ban sets" entities ambiguity of expression, to the masses of the judge in the correct guidance; Secondly, enlarge the scope of criminal law order, will the parolee, temporary execution outside prison criminals and unit crime subject into an injunction within the scope of criminal law, so that the criminal law in order to be effective in a larger scope. Finally, adding a res training order changes to the criminal law execution system, paying attention to thechange of personal danger, criminal for personal risk changed significantly, the prisoner shall adhere to the principle of pertinence and relevance, and timely for theirban on certain change, have achieved better social effect.