The Fate Of Security Measures In China

Security Measures introduced into the field of criminal law is quite significant on the development of modern Western criminal law, it is the result that the modern retributive punishment transformed into the educational penalty, is the humane and scientific symbol of the modern Western criminal law. Security Measures focus on the personal danger of actors with the aim of defending society, it changed the concept of traditional criminal law"evil retribution", emphasizing prevention and improved so that the Criminal Code goes to civilization and modernization. After more than a century of continuous development and improvement, currently many countries of the world have established a system of security measures. Practice has proved that security measures play a significant role on the prevention of crime, protection of society. So far, China has no formal legislation about the system of security measures, but author believe that China should develop specific legal codes of security measures, building with the Chinese system of security measures. This article is divided into four parts addition to the introduction and conclusion.The first part is an overview of security measures. First of all, this section introduces the various concepts of security measures, points the concept of security measures that has much meaning, currently at home and abroad still there is no clear and universally accepted definition by the public. After listing the various abstract concepts proposed by domestic and foreign criminal law scholars, author presented a "species difference + being" method to define the concept of security measures. Then analyzing the definition of security measures proposed by the domestic and foreign scholars, summarized the main features of security measures: the base of security measures is the perpetrator's personal danger; the object of security measures is special; the subject of security measures is the special prevention; the deadline of security measures is occasional; security measures do not have moral evaluation of color in the ethical value. Finally, discussed the nature of security measures, mainly introduce the monism and dualism security measures, the two basic viewpoints of different theories, and briefly comment two different points of view.The second part is the historical process of security measures. The theory of security measures is an important battleground for debate between the Criminal Classical School and the Criminal Evidence School. Security Measures continue to develop and perfect in debate between the Criminal Classical School and the Criminal Evidence School. In this section, the author firstly introduced the relationship between the Criminal Classical School and the security measures, pointing out that the earlier criminal classical school is in the exclusion of Security Measures, after the impact of the Criminal Evidence School, the part scholars of the Criminal Classical School began to accept security measures dualism. Then, introduces the relationship between the Criminal Evidence School and the security measures, pointed that security measures come from the theory of the Criminal Evidence School, the birth and development of the Criminal Evidence School promote the generation and dissemination of security measures, after the criticism and impaction of the Criminal Classical School, some scholars of the Criminal Evidence School began to attract the reasonable elements of the Criminal Classical School, abandoned the absolute dollar ideology. Finally, dividing the three stages (the initial stage, the development stage, and the sound stage) introduced the legislative development of the security measures.The third part is our current method of security measures. Firstly, this part determined the nature of our current method of security measures, pointed that our current method of security measures have certain similarities with the foreign security measures, but in essence, they are utterly different, and briefly analyze the difference between the two. Then, author introduced the specific types of our current method of security measures, assessed the existing security measures, and analyzed the lack of our current method of security measures. At the same time, author discussed the value of the legislation and theoretical research of our current method of security measures.The fourth part is the China's fate of security measures. As a legal sanctions regime against the perpetrator's personal danger, Security measures play an enormous role on the prevention of crime and the protection of the society. Therefore, there is no reason to reject security measures in China. This section includes five aspects. Firstly, described the debate whether to set up security measures in China, after analyzing the views of positive and negative persons, pointed that our country should learn from the reasonable content of foreign security measures, learn the essence of foreign security measures, construct China Characteristics of the Security Measures. Secondly, explored the legislative model of the security measures in China, after introducing of three usual practice about the legislation of the security measures, combining actual situation of our country, author believes that building China's the system of security measures should take"Independent of One"the legislative model of security measures. Thirdly, author explored the basic principles of security measures, the object and conditions of security measures. The basic principles of security measures include three basic principles: the legal principle, the principle of necessity, and the principle of equivalence. The object of security measures can be divided into human and material. On the applicable conditions of security measures, the author only briefly discussed the common conditions of security measures. Fourthly, the author proposed specific types of our country's security measures, and briefly analyzed various security measures. Finally, discussed the process of security measures, pointed out that China's Security Measures addition to need the systematic integration in the substantive law, we also need to regulate the procedure of security measures, and briefly described the specific procedures of the system of security measures.