On The Security Measures

Protection byelaw is the floorboard of all kinds of protection measures which is used to take place and reinforce the Criminal Law, its object is someone who is specialized as dangerous to the society, and at the same time the protection byelaw formulated to satisfy the need to maintenance of law order has the character of judicatory punishment. Protection byelaw is brought during the change course of from capitalism free market economy to the monopolization of capitalism, it also is the result of the war between the criminal demonstration specialty and the criminal classicality specialty, also is the result of the war between retribution punishment and education punishment in the latter-day criminal theory. The motive of protection byelaw is to prevent, and its foundation of application is personal danger, its main use is to influence and treat those specialist to prevent crime. In recent years protection byelaw has been affirmed in the legislation of most countries in the world, and its content grows more and more abundant and perfect.The aim of penalty is to protect the society, to develop and educate the malfeasant, so the penalty has no difference with the protection byelaw, they have the same goal to protect the society, and they are mutually used in some cases, Equity, benefit and humanism that are the basic value target of Criminal Law can be found both in the penalty application and the protection byelaw application. Under the precondition of the laws of our country doesn't regulate the system of protection byelaw, our country regulates some kinds of measures which is materialize in Criminal Law, administrative law and regulations. Although our country does not has the application of the protection byelaw, we already carry out actually. But at the same time, we still has some kinds of prejudice and misunderstanding because we cannot envisage the actual function of prevent of crime of the protection byelaw, also this combined to that although our actual law exists the various kinds of measures of maintenance, our law still lack of systemic and general legislation about the protection byelaw, and whether our country bestows the protection byelaw is still on the table. The author thinks that it is urgent affairs to develop and make up the protection byelaw.The actually of our country is that our side we have not perfect theory of protection byelaw, on the other side judicatory still doesn't pay much attention on the concept of protection byelaw, so from this point, it is essential to develop protection byelaw in existence as soon as possible. The author is the opinion that Protection Byelaw Law should be formulated at its mature occasion, and its scope from the entity concept, apply organ, lawsuit procedure to regulation of enforcement.