Security Measures And Its Application In China

Security measure, which is the production of criminal law innovation, renovates the traditional criminal law system. As a significant criminal law institution, the security measure has penetrating ideological basis. As a supplement to criminal penalty system, security measure and criminal penalty system play an important role in preventing of crime and defending society. So, since one hundred years, especially after the word warⅡ, security system has established in most of countries in the whole world step by step. The current criminal law does not stipulate security measure explicitly and systematically except similar measures in related statutes and regulations., but there are problems with these measures. How to regulate security measure in current laws is not only an important topic in the reform of our criminal law, but also the only way to cater for the reform and development of criminal law of the world. This paper has made a superficial analysis of security measure and the security measure regulated by existing law of our country, and made some study on how to establish it in china.This paper consists of four parts.Part one: the outline of security measure.Firstly, this part elabrates the conception and historical development of security measure .This part divides the historical development of the security measure into four periods. Secondly, this part elaborates the ideological basis of security measure. These basis all play an important role in the development directly and indirectly. Lastly, this part elaborates the nature of security measure.Part two: the applicable conditions, applicable object and classification of security measure.Firstly, this part elabrates the applicable conditions of security measure. In this paper, the applicable conditions are divided into common applicable conditions and special applicable conditions. The common applicable conditions include subjective element of personal danger and objective element of illegal behavior. Special conditions apply by countries according to their own circumstances by making different rules. Secondly, this part elaborates the applicable object of security measure. Lastly, this part elaborates the classification of security measure, and divides it into security measure for man and security measure for matter.Part three: the security measure regulated by existing law of our country.Firstly, this part elaborates the nature and types of the security measure in the existing law of our country. This part analyses the nature of the security measure in the existing law of our country and named it measure having the nature of security measure. The types of the security measure in the existing law of our country are divided into two kinds. Secondly, this part comments the security measure in the existing law of our country.Part four: the construction of security measure in our country.Firstly, this part elaborates that security measure should be criminal legalization. Because our country already has the necessity and feasibility of the criminal legalization. Secondly, this part elaborates that how to construct security measure in China, including its legislative mode, the basic principle, applicable object, applicable conditions, the penalty modalities, elements of procedures and the types.