Security Measures And Criminal Legislation In China

Security measures are special social control means to supply or replace penalty with the aim of defending the society. Security measures system, which was generated with the capitalism transforming from free market economy to monopoly capitalism, is the result of modern criminal law theory transformation from retributive punishment to educational punishment. As a supplement or alternative of penalty, security measures and criminal penalty are complementary and play an important role in the process of preventing crimes and protecting society.Since the establishment, security measures have become an important and indispensable part component of criminal legislation systems of many countries in the word after over one hundred years of development and improvement. Chinese jurisprudence circle once held an opposing and negative attitude towards security measures, although more and more scholars have already found the advantages of security measures in the current crime prevention and social protection, there are still a considerable number of scholars who believe that security measures is a double-edged sword and could not be rashly applied. Some scholars believe that although there is no phrase of security measures in current Chinese laws, we actually have security methods similar to Western security measures that have played a due role in preventing crimes.The existence of security methods in China and their roles in preventing crimes and protecting society shows that Chinese social prevention and control system actually needs complementary measures and criminal penalties. However, Chinese security methods still have obvious defects from whatever perspectives of law provisions, procedures and supervision systems, not only significantly different from Western security measures and contrary to international conventions, but even against relevant regulations of Chinese Legislations Law and prone to impair legitimate rights and interests of citizens.Therefore, from both perspectives of improving Chinese crime prevention and control system and respecting and safeguarding human rights, we shall establish security measures system and make it legitimate as soon as possible. The paper will elaborate information related to security measures system and assertion on it legitimization in three parts:Part one: Introduction of security measures. This part focuses on the definition, the historical development, the nature of security measures and the principles, conditions, objects and categories of its application in current countries.Part two: Existing security methods in China and evaluation. This part mainly introduces currently existing security methods in China and focuses on analysis to find existing problems in application and execution of these methods.Part three: Composition of security measures in Chinese criminal laws. This part begins by elaborating necessity and feasibility of legitimize security measures system in China, further discusses security measures legislation modes and puts forward preliminary envision of legitimizing Chinese security measures, namely integrating and improving current security methods in the form of special criminal law--Security Measures Law, so as to form the social prevention and control system integrating Criminal Law, Security Measures Law and Public Security Administration punishments Law to jointly safeguard social harmonious order.