The Construction Of Security Measure System Concerned With Personal Freedom In China

Security measure is the generic terms of all security controls with the property of judicial penalty by means of correction, moralization, medical treatment and education, which is applied to replace or supplement penalty based on the necessity of the nation for safeguarding legal order and security demand for satisfying the public for the specific actors with social perniciousness. Security measure is an important component in the development of the theory and system of criminal law.In the mainland of China there exist some measures in a similar nature to security measures. However, the substantive legality and procedural legitimacy of these similar security measures in China mainland are widely challenged by social parties. Therefore, it is a must that reforms on these measures will be carried out. First of all, in the part of substantive law, a new criminal special law should be constructed by integrating those security measures concerned with personal freedom, which can be named Security Measure Law on Illegal Acts. This law is composed of general provisions and specifics provisions. The principles embedded in specifics provisions are specified in general provisions. Various types security measures and rules are refined in specific provisions. Secondly, as far as the procedure is concerned, it is vital that Security Measure Law on Illegal Acts should be applied into criminal procedure. Security measures court that is responsible for the cases on security measures should be established in the people's courts of our country.