Research Into Measures Of Security For Slight Crimes

The Chinese Communist Party Central Committee abolished LabourRe-education System in Dec.2013, thus tremendous impact has been caused. Despiteits review from the outside, Labour Re-education played a certain role incompensating for the structural defects in the criminal law and maintaining the socialorder. The abolishment of Labour Re-education caused the disruption of the formerpenalty system: Criminal Sanctions--Labour Re-education—Punishments for PublicSecurity. Previously, punishments against crimes remain criminal sanctions and orderpunishments only. However, how to punish such crimes which belonged to thejurisdiction of Labour Re-education remains as a problem. The abolishment of LabourRe-education caused a heated controversy of the establishment of slight criminalpolicies with Chinese characteristics.Labour Re-education was an important means of the public security organs tomaintain social orders and protect people’s lives and property safety.however, people’scriticism on the defects and crudeness in designation and simple and rude way inexecution resulted in its abolishment. After its abolishment, on how to prevent andpunish slight crimes, academic controversy focused on Criminalization andDecriminalization, that is, administrative measures or criminal means correspondingly.The author believe that the abolishment of Labour Re-education is a good opportunityto establish the security measures on slight criminal in China. The existing security measures is the basis to establish, however, facing some practical and urgentproblems.First of all, in China, there is neither existing a clear definition on slight criminal,nor stratifying crimes like other western countries did. Moreover, in Chinese criminallaw, the same act with different criminal amount or nature which does not meet theCriminal law provisions on the criminal constitution, would not be considered as acrime. Such provisions result in defects in the criminal system, that is to say, part ofacts neither could be punished as a crime nor in the jurisdiction of administrativepenalty. Thus, the structural vitiums on the construction of crimes defined by Chinesecriminal law brings logical problems on the study of criminology, which is the chockpoint of the research into measures of security for slight crimes. As for the blank areascaused by the abolishment of Labour Re-education, judicial organs has loweredincriminate threshold by means of issueing judicial interpretations and promoting theconstruction of community correction system. However, the author insists that thesemeans cannot protect the uniform of law. What’s more, determining criminalconstitution standard by judicial interpretation is too arbitrary and unreasonable.Further, slight crimes almost occupie80%of the whole. As for such crimes, criminalpenalty is not the best solution. In order to prevent they commit crimes again, betterprotective system and friendly society care are urgently needed. Especially after theabolishment of Labour Re-education and depressing on incrimination threshold, thenumber of such slight crimes may continue to rise.Secondly, strictly speaking, though there are no security measures policies inChina, lots of measures of security have been applied to criminal law, code ofcriminal procedure and other related laws, regulations and rules. However, likefragments, the execution of those measures is facing different problems such asboundaries, interfaces. Meanwhile, the defects and roughness in designation of theprocedural and numerous law enforcement body will cause the orderless and violenceof enforcement. With the changing in social structure, diverse social values and thewidening gap between rich and poor caused by the reform and opening up, socialconflicts will be higher prevalent and the number of criminal cases will increased steadily by year. Under such circumstance, as far as the author considered, a newpolicy must be established to prevent the increase of crimes and maintain a normaland harmonious social order, upon which, the progressive vigilance towards slightcriminal is the core.Originated in Roman law, security measures policy was proposed by Klein,criminal law expert from Germany. On Klein’s opinion, criminal penalties only maycannot eliminate the possibility of committing crimes. In the view of the above,attaching security measures policy to criminals could paly a supporting role tocriminal penalties which is also different from criminal penalty. This is the source ofthe Dural System of security measures and criminal penalty. On the other hand, withthe development of criminal positive school, Liszt who proposed the Monism ofsecurity measures and criminal penalty insisted that there is no need to deffer securitymeasures from criminal penalty. He promoted the individualization of punishment andthe preventive effect of punishment against the perpetrators, according to which, theperpetrators will be remoulded and no longer commit crimes. Thus, social defense andprotection will be achieved. As a replacement of freedom penalty in criminal penalties,security measures policy is in the purpose of prevent criminals, based on harmful actsand personal dangerousness, takes legislation and legal relativity as principle andapplied to particular person who meets the statutory requirements by treatment,reclamation, education and influence. Thus, by eliminating the dangerousness ofcriminals and preventing another or second commitment of crime, security measurespolicy will achieve its purpose of preventing society from crimes.Bodenheimer once said that great legal systems are systems with thecharacteristic of combination with stability and flexibility. The author believe thatsecurity measures policy is such a policy that will break through the traditionalcriminal punishment and prevent and eliminate the possibility of the commitment ofcrime fundamentally by applying personalized punishments and correcting andimproving the dangerous personality of criminals. Nowadays, no matter Monism orDural System, security measures policy has been mature in western civil law countriesand also has been established in Taiwan and Macao in China. On the author’s view, the best way to establish the security measures policy for slight criminal with Chinesecharacteristics is to summarize the experiences and achievements in our country,especially from Taiwan, and adapt reasonable and scientific parts overseas. Theintegration of the existing measures of security will complete the crime theoreticalsystem and promote the reform of criminal law, and further strengthen the preventionand reclamation of the rights of the criminals accordingly and prevent crimeseffectively.