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自《刑法修正案(八)》创设以来,刑事禁止令制度在司法实践中运行良好。不过,刑事禁止令的适用在我国仍处于起步阶段,各项法律规定和配套措施还不完善,其执行也面临着诸多问题。本文就刑事禁止令进行了系统性研究,力图澄清理论上的认识误区,匡正理论构架,并从我国当下的立法与司法实践出发,对其发展、完善提出合理性建议。
Since the “Criminal Law Amendment (8)” was created, the criminal injunction order system has operated well in judicial practice. However, the application of the criminal injunction order is still in its infancy in our country. Various legal provisions and supporting measures are still not perfect, and its implementation faces many problems. This article carries out a systematic study on the criminal injunction order, trying hard to clarify the theoretical misunderstanding and correcting the theoretical framework, and from the current legislative and judicial practice in our country, to put forward reasonable suggestions for its development and improvement.