Sichernde Massnahmen Measure Of Safety On Criminal Law Of China

The positivism suggests that how people can understand the world is to summaries the law of the world from facts and demonstration. We will be confused with making conclusion from assumption, conception and principium. It is from this view; we set up the theory of Sichernde Massnahmen Measure of Safety. What we must think highly of when we study the relation-ship between people and crime, from the view of the school of Positivism Criminal Law, is personal character, environment, surrounding, circumstance, improving of character and condition of crime, and then, we can conclude and make some counter measures.The object of this theory is not commitment but who commit a crime. We integrate it and the social security system, and then we get the theory of Sichernde Massnahmen Measure of Safety.Customarily, we punish the criminal to correct people's deeds, and hope this could prevent and control commitment. However, when the penalty, which base on people has free will; takes crimes as a center and punishes the criminal who has committed a crime, has cope with the rampantly crime difficultly, we choose security policy inevitably in the modernizing of criminal law.As a thought of criminal law, Sichernde Massnahmen Measure of Safety is sprout from Ancient Rome Law and originated from the idea of Sichernde Massnahmen Measure of Safety that posed by E.F.Klein, a German criminologist, in the end of 18 century.Sichernde Massnahmen Measure of Safety mechanism is the offspring of the modern criminal law theory and the development of the criminal law system. But, as a theory of criminal law, it is not set store by scholars until 1990's in China. In this article, the author advocate that legislate penalty and Sichernde Massnahmen Measure of Safety dualistically in Chinese Criminal Law.In the first part of this article, by analyzed the concept of Sichernde Massnahmen Measure of Safety, the kind of Sichernde Massnahmen Measure of Safety and the improvement and practice of Sichernde Massnahmen Measure of Safety in western country, the author solved the problem-"what is Sichernde Massnahmen Measure of Safety ".In the second part, what the author do is to discuss the relation-ship between penalty and Security Measures, and give some theoretic support to "why we must to" in China by analyzing the concept of monism and dualism and discussing the relation between monisn and dualism of Sichernde Massnahmen Measure of Safety.In the third part, the author express the thesis of this article in four section: first, analyst the theoretic possibility of Sichernde Massnahmen Measure of Safety ought to in Criminal Law in China; Second, analyze the practicability of Sichernde Massnahmen Measure of Safety ought to in Criminal Law in China; Third, discuss the significance of putting the Sichernde Massnahmen Measure of Safety in Chinese criminal law from the angle of theory and practice; Fourth, design the mode of Sichernde Massnahmen Measure of Safety ought to in Criminal Law in China.Through these four parts, the author solve the problems-why we must do and how to do, completely, and indicated that Sichernde Massnahmen Measure of Safety is a way we choose inevitably in criminal law modernizing.