Analysis On Juvenile Criminal Injunction System

Community correction into punishment,as one of the bright spot of the criminal law amendment eight,caused the widespread concern of society,including criminal jurisdiction to related to community correction system is the key to a bright spot.Criminal injunction system into the sentence reflected the changing attitudes of punishment in our country,with the era pace accorded with the requirement of harmonious society,is perfect our criminal justice system to further development of deep,this is a meaningful event of criminal law educational world,is also a big progress in the field of law.Criminal injunction system significance is far-reaching significant for juvenile delinquents,juvenile delinquents can transform space is vast,and form a set of applicable to juvenile criminal restraining order system is very important to the correct education,for our country’s juvenile justice reform also plays a bridge role.Ideal are very plentiful,reality is very skinny,the reality is cruel,we have to face and to think about such a problem in the reality: it is a criminal ban has had little effect after the punishment,in supporting the community correction has not made breakthrough progress.What are the reasons? The author thinks that,traced back to the main reason is that the current legal provisions is not very specific that failed to play a role of the punishment should be carefully.Therefore,the existing provisions of the law can also further improve space,can provide more detailed and operable.This paper tries to analysis the connotation of criminal injunction system,combining with the status quo of juvenile delinquents applicable criminal injunction and outside kneel to explore related special criminal ban injunction system for juvenile delinquents in our country,in order to play a realistic role in the judicial practice practical,do not solve the reality system operability is not strong entity,and some difficulties in application.Besides preface and epilogue,this articleconsists of three parts:The first part is the connotation of the system of criminal jurisdiction to set.This part is to do a general overview of the criminal injunction system,onlyrecognize their own position clear things can better development,this part mainly from the characteristics,function,nature of the criminal ban to expound its position.First of all,from the applicable object,applicable conditions,concrete content,the legal effect of execution of criminal jurisdiction to have targeted is described in this paper,dependent,specificity,preventive and mandatory features;Next,the human rights of criminal jurisdiction to have performance,advantageous to realize the individualized and the socialization of execution of deep and has the function of each value balance method;In the end to the criminal injunction,the author thinks that the nature of the current stage,the law has not officially as a punishment,it is a punishment regulation in a supplementary role.In addition,emphasis on minors applicable criminal jurisdiction to protect minors with the full healthy growth,improve the juvenile justice system,the value of also suggests the further practice of the criminal policy of tempering justice with mercy.Points out applicable criminal injunction minors should follow the principle of the preventive principle,relevance principle and protective.Also need to pay attention to criminal jurisdiction to three prohibitions in the connotation and denotation of juvenile delinquents their application.Never adults applicable criminal restraining order of values,principles,and content three aspects to illustrate principle in the system of our country’s juvenile criminal restraining order.The second part of our country juvenile criminal ban the plight of implementation and its root is an important part of this article.First uses the chart analysis method,according to the chart from the crime subject,crime,criminal law,to face up to interpret our country juvenile criminal matters prohibited by restraining order status: on the implementation of applicable criminal injunction ratio was lower than those of adults;Diversification and overall charges of intentional crime.The minors are violation of property crime;Probation injunction is control the vast majority;Most of the prohibited items are relatively centralized and unified,in terms of specific issues,it is prohibited to engage in certain activities and into specific areas or places where the vast majority,in terms of minors,and forbidden to enter a specific place,area is the main.Accordingly then parses the implementation difficulties mainly for provisions on protection of minors in the criminal law does not reach the designated position,community correction system for juvenile legislation operability is not strong,relevant procedures provisions of the criminal jurisdiction to not clear,is the absence of related system and anomie,and accordingly explore the sources of these difficulties.Cause real difficulties mainly on the implementation of criminal policy based tolerance not to carry out,in "criminal procedural law" the provisions of minors the implementation does not reach the designated position,execution,supervision and regulation is not clear due to factors such as resultant force.The third part is the criminal jurisdiction to apply to the minors optimization idea.This part of the dot eyeball portion of the top priority in this paper.First is through the introduction of outside minors criminal rules injunction system,calculated the to our country can draw lessons from the beneficial.After the indigenization of the system is our country juvenile criminal jurisdiction to build,on the basis of the second problems from the aspects of concept,system,implementation of suit the remedy to the case,and put forward some reasonable feasible ideas and measures.First of all,from the implementation of the criminal policy of tempering justice with mercy and set up the special processing of minors’ criminal execution behavior concept two aspects to illustrate the modesty of criminal law and juvenile criminal execution of special consideration as the importance of the precondition of criminal jurisdiction to apply.Second,sound and perfect the legal system of form a complete set are: develop minors’ criminal jurisdiction to implement regulations,establishing specialized legal system suitable to China’s community correction of juvenile delinquents,perfecting the criminal law on the protection of minors rules and effective implementation of the criminal procedure law about the procedural provisions of minors.Which from applicable criminal procedural regulations ban the object,scope,subject,duration and produce the legal consequences to parse.To ensure the execution of the injunction system and implement.Finally,from the perfect juvenile community correction system,strengthening procuratorial supervision,by using the strong technology as a guarantee and implementation methods of diversification to attempt to minors’ criminal jurisdiction to form perfect construction system,in order to solve the difficulties and problems encountered in the judicial practice,the realization of the real criminal jurisdiction to the purpose and value.Anyway,criminal injunction system is a great innovation of punishment in our country,the preliminary stage is hard to avoid such and such problems,as a legal person,we need to gradually on the basis of summarizing the practice is perfect.Combining with China’s national conditions and the characteristics of juvenile delinquents,draw lessons from outside the relevant provisions of the criminal jurisdiction to minors,explore our country juvenile criminal injunction system,and targeted puts forward some applicable criminal minors injunction the opinions and Suggestions,and build up a full set of minors’ criminal ban system,not only for juvenile judicial system reform and improvement is of great significance,and can also help the development of the criminal justice system.