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To Learn From The System Of Security Penalty Of Foreign Countries For The Legislation Of Security Measure As Criminal Laws In Our Country

Posted on:2006-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhuFull Text:PDF
GTID:2166360185953433Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Security penalty is of great importance in the study of penal laws. It was once granted the syrnbol of humanization, scientism and modernization of modern west criminal law. In the sense of modern, it was at the end of 18th century that the famous German jurist, Mr E. F. Klein, had initially put the "theory of security punishment" forward. Attributed to the prevalence of the "theory of retribution" supported by the school of classical criminalistics, the theory of security punishment" came to a dead end before it woule fullu developed. And until the end of 19th century, along with the gathering strength of the school of penal positivism, it provided possibility for transforming the theory of security penalty into a system. Following that, both the researches on security penalty and constructionof the system bained relatively great development. And until 20th century, theory of security penalty reached its prime when it had been accepted in the legislations of criminal laws by most countries on the earth. In the sphere of crime prevention and of human rights protection, it managed to earn compelling achievements.The study on security penaly got a comparatively late start in our country as the theory and the system had once been repulsed. It has caused our country's jurists'dissatisfaction on the statue puo with respect to the study of security punishment. Most of our jurisprudents usually agree that security penalty is a genaral term of any of the following situations:(a) that it is specified and stipulated in our criminal laws and administrations, (b) that it is applicable upon a person who has committed an act that has caused damage but who has complete inability or who has parttial ability to take responsible for the act, and upon a person who possesses certain nature of personal fatalness,(c) that it is suitable as an alternative or supplement to punitive measure,(d) that it aims at elimination of threatening attitude of potential criminals, at crime prevention, at all and sundry measures to protect the community's public security, and at rectification measures. The present penal codes have failed to specifically define and systematically regulate the codes of security penalty but in some of relevant laws and regulations to write down the existence of the measures similar to security penalty. How to consolidate and regulate our disintegrated system of security penalty has become an important topic in the reform of our penal codes of th time.For starters, this thesis introduces the concept of security penalty, and analyzes the relationship between security penalty and punitive measures. It also analyzes the center of contention between monism and dualism, and their development trendx. It reasons the underlying principle of the theory of security penalty, expounds the historical evolution of security penalty, from theory to practice, form motion to bill to law. On the platform of having studied many classic research papers of foreign countries, it defines the basic principle of security penalty: its appropriate conditions of application, appropriate objects of application, and critical interpretation of personal fatalness. It also concludes all different kinds of security penaly and its corresponding targets of application. Upon the completion of our analysis and comment of the relevant laws in relations to security penalty, we then have focused on the necessity and possibillity of legislation of our security penalty system, and proposed to learn the lessons from foreign countries so as to proceed with regulating the security penalty of the day. With respect to specific design of mode of legislation, basic principle, appropriate applications, conditions, and procedure, and different kinds and classifications of security penalty, we now have put forward our point of view and suggestions on constructing a framework for legislation purpose of security penalty in our penal codes, and on highlighting its creative new value on academic agenda.
Keywords/Search Tags:security penalty, personal fatalness, crime prevention, criminal laws legislation
PDF Full Text Request
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