Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

Injunction Procedural Design in the Iuveniles Litigation

Author ChenYuXiu
Tutor XuJianLi
School East China University of Political Science
Course Procedural Law
Keywords injunction juveniles procedural design
CLC D925.2
Type Master's thesis
Year 2012
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The injunction is the instructions that the judge pointed to the parties not to dosometings. On February26th,2011criminal law amendment (8) of paragraph2of article11rules that criminals who were sentenced to public surveillance and declared for thesuspension were prohibited to do specific activities,go to specific areas or places, orcontact with specific people. This is our country for the first time to determine theapplicable objects and the restraining order in applicable way,and this is also China’scriminal justice system’s development. For juveniles,they have enough chances to correcterrors,and there social harmfulness is lighter than the adults,so based on "education, helpand reform" policy, the injunctions may used for the juveniles. Ensure to make clear therestraining order of procedures, the applicable objects, the use methods and violations,etc.It is not only strengthening the education and making the transform of the juveniles, butalso opening up a new work methods and ideas for the functions and meanings.The thesis is divided into four chapters.The first chapter is the basic introduction of injunction theory. We started from the theinjunction concept, and introducted the classification,and then introducted the China’sinjunction history.Next,I explicited the basic nature of the injunction, such as theenforceability, the subjunctive and preventive. At the end pointed out that the meaning ofusing the injunction in juveniles cases.The second chapter is the difficulties when we carry out the injunction. This chapterpresents the the troubles of practicing the injunction in the juveniles cases. For example, community correction system is not well established, the necessary legal system is notperfected and the program regulations are not clear and definite.All of them affectedexecutive and supervision.The third chapter is the injunction introduction of foreign countries.Through theintroduction of the United States, Britain,Germany and Japan,we all knew that theimplement methods of injunction, injunction content, implement deadline and theobligations and responsibilities when the juveniles infringe of the injunctions. This isuseful experience for our country to make the injunction for juveniles.The fourth chapter is our injunction’s local construction.This part started from theapplication scope, the principle,established the basic direction of theimplementation.Constructing the framework of the implementation of the injunctionprocedural, clear the implement method of restraining order, content, implementingsubject, period, violate restraining order should be punished, and provide procedureprogram basis. In addition, constructing whole environment framework and supervise ofthe injunction and bringing in the mechanisms in order to speed up the communityconstruction and achieve the purpose and the value of implementing the injunction.

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