Republic Of China Period (1912-1949) Security Measures System

With the quick development of China's economy and the increasingly deepening of the reform of the social system, the legal system is entering the key era of restructure and renovation to match with socialist market economic system.The criminal law, as the important composing part of our legal system, is always criticized as chaotic and unscientific, such as the insularity and lag of the guiding meaning of the general principles, the faultiness of series crimes and sole crime, and the contradiction between the Criminal Code and its specific criminal laws and accessory criminal laws. A few clauses similar to Sichernde Massnahmen in the criminal law are especially chaotic and far away from systematism. Therefore, the scholars ignite the study of the Sichernde Massnahmen in the previous years so as to introduce this special crime prevention system into China's criminal legislation and judicial practices. However, after this study rush, we should thoroughly consider, whether China has the soil for the survival of the Sichernde Massnahmen?As we all know, 'the Criminal Law of the Republic of China' in 1935 ("the Criminal Law") has included Sichernde Massnahmen, the legislation of which was on the basis of then most prevailing criminal law theory, and simultaneously referred to the most advanced Sichernde Massnahmen system of the western countries. The study of the Sichernde Massnahmen in that criminal law will be more meaningful for the discussion whether to establish Sichernde Massnahmen in our criminal law.This dissertation attempts to conduct an elementary study on the Sichernde Massnahmen system of the Republic of China (1912-1949) from four aspects. First, it will make a brief introduction to the theory and legislation of Sichernde Massnahmen in western countries and the theory preparation and legislation procedure for the Sichernde Massnahmen in Republic of China. Second, it will expatiate on the detailed context of the Sichernde Massnahmen in the Criminal Law combined with relevant limited judicial interpretation and cases. Third, it will conduct a transverse comparison between the Criminal Law and the Italian Criminal Code of the Sichernde Massnahmen. Fourth, it will make a brief comment on the shortages of the Sichernde Massnahmen of 'the Republic of China'.