The Concept Of Construction Of Security Measures Of Our Country

The security measures system is civil law countries of modern criminal law theory and the development of a product of the criminal justice system,and probation and parole system and called a penalty near to the modern human rights,humanitarian road of the "troika" of the crime prevention,the protection of society play an important role.For this reason,near the modern,especially since the rise of the world after World Warâ…¡for Criminal Law Reform, the security system of progressive disciplinary action at most parts of the world have been established in national legislation.The security measures of our country is lagging behind action research on action theory and system of security had to be excluded.Up until the mid-90 century,scholars began to concern our country has always been cold-shouldered security action.With the deepening of research,security questions,as well as the theory of punishment should be set up security measures in our system of criminal law scholars also discussed extensively.Article mainly through action on the security system and the introduction of foreign legislation,security measures of the major theoretical issues,as well as the security of our country set up the system and the possibility of the need for analysis of our country set up in the disciplinary system security concept of the specific.The full text is divided into three parts:First,an overview of security measures.Security measures are prescribed by law as a criminal there is probably no longer on the implementation of criminal acts or criminal offenses,people person,and there is probably against the social behavior of the further implementation of the capacity of people have no obligation to restrict the responsibility of the penalty taken by people outside their personal rights or property rights are directly related to treatment,health care,probation and other disposal methods of prevention.From the provisions of the Criminal Code,applicable by the court,a prerequisite for such areas as Personal Dangerousness can be punished with other relevant security measures to distinguish. Empirical philosophy,sociology of law and social thought constitute a defense theory of a common security system of punishment theory and the theoretical basis.Security action with the defense community,the function of education to improve the disciplinary system makes the security of the popular countries in the world,the sophisticated security measures outside the legislative action of our country set up the security system can play a useful reference. Second,The necessity and the possibility of The establishment of Security measures in my country.Our country has not established a system of security measures,the existing legislation,the existence of a number of similar security measures and a far cry from the disciplinary system can only be called a security measures.From the penalty to make up for the limitations of the reform of the existing security measures,to deal with law and order situation and the society in line with the world development trend of the four aspects of the Criminal Code of view,our country should establish a system of security measures.And changes the traditional concept of criminal law,criminal policy and the spirit of the match, enough basic material and a wealth of practical experience as well as set up our security system provides a possible punishment.Third,the Security measures system of the specific construction of action.The security of our country set up the disciplinary system should adopt the one-way mode of criminal legislation,to develop a "security action law." The security measures system should be based on the principle of statutory punishment,the principle of equivalence,as a supplement to improve the principle of harm-based scheduling as the basic principle of the development and implementation throughout the entire process.Personal Dangerousness theory theory in security action at the heart of the security measures are applicable to the conditions,so that the provisions of the Personal Dangerousness is the core of the disciplinary system security.Personal Dangerousness identification of recidivism can be divided into two categories of possible and probably a first-time offender.The possibility of recidivism from the personal circumstances of crime,crime and the crime of subjective and objective circumstances before and after analysis found that while first-time offenders are necessary from the possible disposition of the physical and psychological characteristics of people and acts on the study of hair tired.Personal Dangerousness people who have been punished for the study and application of security measures to make the decision should have adequate supervision at the judicial proceedings carried out under.China's disciplinary system security should be based on the existing law of the security measures to fully draw on the disciplinary system abroad,the experience of security,to develop suitable conditions,to meet the needs of specific measures.