略论我国的刑事禁止令制度

On the Criminal Injunction System of China

刑事禁止令是指人民法院对被判处管制、宣告缓刑的犯罪分子,根据其犯罪情况,认为确有必要禁止其在管制执行期间、缓刑考验期限内,从事特定活动,进入特定区域、场所,接触特定的人而采取的一项监管措施。禁止令制度是刑罚"严而不厉"的体现,是我国宽严相济刑事政策的体现。《刑法修正案(八)》中刑事禁止令制度的确立,是我国刑罚体系的一项创新和发展。

Criminal injunction refers to a supervision measure taken by a people＇s court which thinks it necessary to forbid a criminal, who is sentenced to surveillance or reprieve, from taking some specific activities, entering some specific areas and meeting some specific people during the period of surveillance or reprieve according to his crime. The system of injunction is an embodiment of the ＂strict but not sever＂ penalty as well as the Chinese criminal policy of combining punishment with mercy. The establishment of this system in the Amendment VIII to Criminal Law is a kind of innovation and development of the penalty system of China.