Security Punishment And Criminal Law Reform

Security measures system is the result of the reform of modern criminal law andan innovation in traditional criminal law system, Security measures, whose purpose isto protect society, is a criminal sanction measure which replaces or supplementspenalty, Security measures an penalty work together, playing a necessary role inpreventing crimes and protecting society. the appearance of Security measures systemhas its deep origin of the times. In late 19th when western capitalist society developedinto monopolistic capitalism, social contradiction unprecedented intensified and therate of crime rose dramatically. In order to maintain the social order, countries have tocontrol and reeducate the society to prevent the crimes. However, the retributiontheory existing at that time had limits in preventing crimes effectively. Then, securitymeasures theory ,as a mew crime counter-measure, emerged as the time required. Itadvocates taking personal danger as its judgment criterion, imposing securitymeasures to those who have serious crime tendency to protect the society, Securitymeasures system always regards removing the actor's personal danger as its duty. Theexistence of personal danger is the base prerequisite to the application of securitymeasures. Security measures theory and system have connected with the theory ofpersonal danger, when personal danger is evaluated, Security measures wouldinevitably get to the problem of the guarantee of human rights, therefore, Securitymeasures has to grasp the right yardstick in the evaluation of personal danger, whichcan not only show, it function of protecting the society but also prevent infringing andviolating human rights. After the appearance of security measures theory, manycountries accepted it and have established Security measures system. Securitymeasures system in foreign countries has the punishment statutoryprinciple. Necessary principle. Punishment balanced principle and irregularprinciple as its fundamental principles.In China there has been controversy on the establishment of security measures system, Because of its two sides, up to now security measures system has not beenlegally set up in China. However, some security punishment, which had the quality of security measures, had been used in the judicial practices in the past 50 years, these measures tack good effect, but there existed many problems which needed improving. Now China is in the social transitional period with different kinds of social contradictions arising and the serious situation of crimes. If we combine the mode of security measures system in foreign countries with China's national conditions, legislate security measures system in criminal law and establish security measures system in our country, this is very good for preventing crimes. Protecting society and ensuring the full development of social economy.