The Scientific Analysis Of Security Measure And Its Realistic Trend In Our Country

Security measure is the product of the development of the theory and system of modern criminal law in western countries, since it came into being, a lot of western countries, one after another, have issued the single file of security measure or stipulated security measure in criminal law, and implemented monism or dualism of security measure replacing or supplementing penalty application. In the face of the legislative activity of security measure of western countries, which is like a raging fire, the criminal law scholars of our country also advocate that security measure should be legislated in criminal law in our country. Some scholars have expressed the oppositional views, too. Academy has not been developed without contending, with the starting-point of probing into the truth; the author has made a superficial analysis of security measure.This article analyses the developing course of security measure at first, security measure was produced under the push of the school of criminal experimentation, positivism and its methodology, the development of natural science and social science, the formation of the school of criminal experimentation are the backgrounds in which security measure has brought out. Security measure has gone through initial stage, developing stage and perfect stage. And then, this article makes the analysis of the irrationality of security measure from two points: the first is that the basis of security measure is unreasonable, which reflects as follows, the prerequisite of the theory of security measure is unreasonable, the applicable condition is unreasonable, it violates the principle of integrity of retribution and utility; the second is that security measure violates the basic principle of criminal law --the principle of a prescribed punishment for a specified crime and the principle of suiting punishment to crime. In the third part of this article,the author briefly comments on two kinds of views, one affirms and the other denies the legislation of security measure in our country at present, the author draws the conclusion that security measure should not be legislated in our country.Security measure, from its producing to the present, no matter from the theory or system, research on which in western countries has developed perfectly. In our country, study on security measure still remains starting stage, I hope that some humble opinions of this article can cast a brick to attract jade for the research of security measure. Meanwhile, this article can offer some consultative suggestions to the dispute whether security measure should be legislated or not.