刑事判决书与禁止令——以刑法修正案(八)为视点

Paper of Sentence and Injunction——from the viewpoint of Criminal Law Amendment(eight)

刑事判决书与禁止令是法律文书的两种文体,是反映诉讼过程的文书,是诉讼的文字凭证。禁止令依附刑事判决书而产生,刑事判决书解决的是主体问题,禁止令解决的是附属的问题。从目前效益看,刑事判决书与禁止令在司法实践中有两者合一的可能性,即禁止令可以在刑事判决书中体现。从长远看,刑事判决书与禁止令应是法律文书的两种文体,要分别制作。

Paper of sentence and injunction are the two kinds of legal instruments,which are used to reflect the lawsuit process and are the written voucher.The injunction comes in being with the attachment of the criminal judgment,and the paper of sentence solves the object question while the injunction solves the attached question.From the view of the present effectiveness,it is possible to unit the paper of sentence and injunction together,that is the injunction can be reflected in the paper of sentence.From the long term,paper of sentence and injunction are different two kinds of literary form which should be made separately.