Security Measures And The Development Of The Criminal Law Of China

Security measure, with an aim to prevent crime, has been the mechanism invented in modern western countries as the result of criminal law development and it is an important breakthrough of modern penal code. As a criminal system, security measures were formed in the late half of 19th century and flourished in the 20th century. Security measures, which have penetrating ideological basis, are criminal sanctions with the aim of defending the society. It is designed for the purpose of substituting or complementing criminal penalties. The appearance of security measures indicates the reaction of criminal law to crime transformed a lot. It was once granted the symbol of humanization, scientism and modernization of modern west criminal law.The study on security measures in our country began late, and the theory and institution of security measures were once repulsed which led to its unsatisfactory studying condition in our country's criminal law circle. The current criminal law doesn't stipulate security measures explicitly and systematically except similar measures in related statutes and regulations. How to regulate security measures in current laws is not only an important topic in the reform of our criminal law, but also way to cater for the reform and development of criminal law of the world.This thesis introduces the concept of security measures and expounds the historical evolution of security measures, reasons the underlying principle of the theory of security measures. On the platform of having studied many classic research papers of foreign countries, it defines the basic principle of security measures, its appropriate conditions of application, its appropriate objects, its critical interpretation of personal fatalness and so on. Upon the completion of our analysis and comment of the relevant laws in relations to security measures, we then focused on the necessity and possibility of legislation of our security measures system, and proposed to learn the lessons from foreign countries so as to proceed with regulating the security measures of the day and put forward our point of view and suggestions on constructing a framework for legislation purpose of security measures in our penal codes and on highlighting its creative new value on academic agenda.