On Construction Of The System Of Security Measures In Our Country

As a positive individual prevention measure, the security measures have played an important role in the field of crime prevention, and it have been favored by countries of continental law system.After being in practice over one hundred years, many European countries have formed a unique system of security measures, but their applicable conditions are still subject to human objective behavior and personal danger. Since long term, although China has no security measures, but there exists security measures in China and these measures also play a positive role in crime prevention. However, due to China’s relevant security measures are too dispersed distribution, and most of them belong to the administrative security measures. The lack of a unified tune in law enforcement, making the security measures in China did not play their due effect of crime prevention. Taking advantage of the opportunity of abolish of reeducation through labor, our country should establish the system of security measures to deal with crime by binary system that consists of penalty and security measures.Security punishment system needs to solve two problems, one is the technical difficulty, namely the representation of reality of the dangerousness of the person. As we know, personal danger is different from subjective malignance, because personal danger is the possibility of committing crime, which is the unity of first offense possibility and recidivism possibility. By introducing the method of personality determination, security measures’ objects’ personal danger can be determined. Therefore, the restriction of the principle of legality and flexibility of security measures can be reconciled.Another difficulty lies in the substantive and procedural difficulties. As far as I am concerned, security measures’ content should be written in criminal law, while the procedure shall be stipulated in the criminal procedure law. After solving the above two problems, we will establish the system of security measures. By improvement of the detaining education places, reeducation through labor places, reformatory places, and compulsory medical establishments to coordinate security measures, such as security monitoring device, compulsory medical treatment, compulsory abstinence, juvenile protection system, practice prohibition and property confiscation, which all above will consist our country’s security measures.There are five chapters in this paper:The first and second chapter is to introduce security measures, the requirements of the times and theoretical development lead to the generation of security measures. n the practice over one hundred years, security measures play a prominent role for the defense of social and criminal prevention. China has no security punishment system, even the basic theory of social defense did not form in china. Security measures are similar with the existing administrative and criminal class of security measures, but the essence is different. Faced with the current high rate of crime situation, it is necessary to establish the system of security measures.The third chapter is to define personal danger. There is always confusion between the concept of personal danger and subjective malignance concept since long term, but the concept of two completely different. Personal danger is the possibility of the crime, including the first offenders and recidivism possibility. Personal danger is the personality defect of people formed in the long process of life, which is relatively stable. But the objective environment, physiological problems become the inducing factors, behavior and person will have intention to commit a crime and the formation of the subjective malignance. Since the personal danger is a relatively stable factor, so it can be measured and assessed. The assessment to measure the common factors of personal danger, then, evaluated according to the characteristics of different people.The fourth chapter is mainly to solve the problems existing in the construction of the system of security measures. For the security measures in the application of the existence of judicial tyranny are still in doubt by social concept. The widespread fear of people is that security measures will make the strong judicial power stronger, the protection of human rights the disadvantaged more vulnerable. But this worry is unnecessary, social defense itself is unity of justice and utilitarian, and the development of the times is the inevitable requirement of the unity of rule of law and culture of China. On the other hand, there is no need to enact a law of security measures, and it shall be written in the criminal law.The fifth chapter is to construct the security measures from two aspects. One is from the macro idea and the other is from concrete aspect.