On The Construction Of Security Suprvisory System In China

The security supvisory system ,which has been brought into being following the international trend of decriminalization,depenalization and non-incarceration as a result of a transition from retribution penalty to education penalty ,is an important part of security mesures system. It makes up the deficiency of criminal penalty system and plays a vital role in the prevention of crime. In the mainland of China, though there is no such a legal term as secerity supvisory system, there exists the equivalence of the system. However, the system is largely laid down in policies rather than in the laws, rising the risk of infringing upon the human rights. This thesis aims at providing some suggestions on the construction of the security supvisory system in the light of the legislations in western countries and judicial practices.This thesis consists of five parts, with a total of 32,329 Chinese characters.The first part: The problems of the system in the mainland of China. This part will examine the reeducation-through- labor system,forced detoxification system and then discusses the merits and disadvantages of the systems.The second part: The value basis of the construction of the security supvisory system. The construction of the system can help the prevention of crime, provide a better protection of legal benefits both for individuals and communities and facilitate the resocialization of criminals. What's more, the construction of the system adapts to the criminal policy of tempering justice with mercy and comforms to the international development trend.The third part: A review of the existing system and the position of the security supvisory system in China. There are many problems in reeducation-through- labor system,and this system should be abolished after improving and revising the Criminal Law by expanding the regulation of the criminal law. In the context of the abolition of the reeducation-through- labor system,this part will discuss how to construct a security supvisory system as a kind of administrative desposition system including compulsory treatment, forced detoxification and forced treatment ,with its emphasis on education, treatment and protection.The fourth part: The construction of the security supvisory system. In this part the author discusses the structure of the security supvisory system,including its range, target ,law-executor and applicable conditions. As for the applicable conditions, there are two categories of conditions, namely general and specific applicable conditions. The general conditions refer to the criminal fact and dangerousness of the actor, the specific conditions refer to the how to apply different subordinate systems of the security supvisory system to different targets.For example, the compulsory treatment is designed for some lawbreakers of 14 to16 years old, the forced detoxification system is for those drug addictors not fit to achieve rehabilitation in communities.The fifth part: the legal procedure of the security supvisory system, including the determination procedures, ececutive procedures and supervision procedures. In this part, the author disscusses the determination procedures and how to transfer a case ,then suggests there should be three types of executive procedures, namely closed type, semiclosed type and open type ,which will be appllied according to the special status of the lawbreakers. As for the dispensing duration of the security supvisory system, the author suggests it should be decided according to the dangerness of the lawbreakers and the citizens should enjoy full rights of making statement and defensing himself or herself. Last but not the least, an effective and restrictive supervisory mechanism should be established by setting kinds of supervisory procedures.