Research On Security Measures In Republican China

Security Measures in Republican China, as a main symbol of the modernization of Chinese criminal law, was gradually developed in the transplanting process of Chinese law.After the establishment of new China, the government abolished the "Six-Laws-System" in Republican China, and then set up a new legal system of socialism. As a result, the process of modernization of Chinese criminal law that began in Late Qing Dynasty was cut down, thus the research of Security Measures was almost ignored. Currently, local researches on Security Measures mainly focus on the theories and institutions of overseas Security Measures, as well as the construction of native Security Measures and the reform of current Protective Measures.As a highlight of the criminal law revision in 1935, and a symbol of the modernization of Chinese criminal law, it played an important role in legal history. Scholars had paid much attention on it, but their researches were restricted in simple introductions for historical evidences introduction, lacks of theoretically analysis, and hardly concerned about the introduction and development of Security Measures before 1935. By now, not even a book has fully introduced the historical development process of Security Measures in Republican China. In order to excavate its significance to criminal law reform nowadays, we used historical and juristically methods in this article.This article introduced social and cultural bases for the appearance of Security Measures, as well as the direct and decisive causes for its development. We analyzed both international and domestic backgrounds about the introduction of Security Measures.With a systematic research on relevant books and legislation documents, we draw an outline of the development of its theories.According to the studies on the regulations in "New Criminal Law of Qing Dynasty", "Criminal Law of Publican China of 1928", as well as "Criminal Law Draft of Publican China of 1933", we researched the introduction and preliminary development of Security Measures. And then, we analyzed the implementation of the regulations about Security Measures in the "Criminal Law of Publican China of 1935" in detail. It shows that the legislation about Security Measures was roughly completed in Republican China. But on the other side, as a result of social conditions and policies from the government, its implementation was awful and even utilized by opposite purposes.This article introduced the security measure that exists in current legislation. Compared to the regulations of Security Measures in Republican China, current regulations lacks of legalization and regulations of process, as well as systematic effect. In view of these insufficiencies, we make some advices for the establishment of a new Security Measures system in our country.