On Security Measure In China

Security measure refers to all kinds of corrective and medical measures enacted by legislators beyond criminal punishment in criminal law. The purpose of security measure is to clear away the personal danger of criminals and criminal oriented persons while without making negative evaluation or legal value judgment on their activities.Security measure results from the development of modern criminal theory and criminal system of western countries. In criminal theory, it is the active outcome of the development of neoteric criminal thoughts. As a part of criminal system, it is formed in the late 19th century, and became popular in the 20th century.During 18th and 19th century, the criminal thoughts of classical criminal theory school which formed with bourgeois revolution are popular. According to classical criminal theory school , man is rational,and he is free of thought. Crime is the outcome of the free will of a man. It is the choice of a criminal to commit crime under his free will, he chooses evil himself. The purpose of criminal punishment is to punish evil behavior and encourage good behavior. The reason why punish criminals lies in his evil mind. Since classical criminal theory school only researches on criminal activity alone, and attaches little importance on the research of the reason of crime and the prevention of crime, its research could not prevent the upsurge of crime. Facing criminal surge, the rulers need a new theory to deal with crime, and the theory of classical criminal theory school is abandoned. Security measure theory and system is the outcome which suit this kind of situation.With the rise of positive philosophy in European continent which sponsors methodology that observation excels thoughts, criminal positive school is produced and criminal punishment theory and criminal punishment system strides forward into a new historic period. According to positive criminal school, criminal activity is not the outcome of the free choice of the criminal. Crime is committed by reason of the biologic gene of the criminal or social environment. So criminal liability should not be lied on moral blame. To crack down crime, we...