The Security Measure System Construction In China

The security measure system is an important system in the area of modern legal system of criminal law, it is a reform and innovation of the traditional criminal penalty, and it plays a great role in crime prevention and defends the society from illegal violation. It is seen as the important symbol of criminal law become scientific, humanity and modern. There are many opinions about the concept of the security measure at home and abroad, after integration on these views, the security measure can be defined as follows: The floorboard of the security measures that the country takes to the person who with personal risk, in order to achieve crime prevention, protect citizen and maintain social order. These measures include correction, education, quit addiction and medical treatment, etc. These measures alternative or complementary penalty applies, and they have the nature of judicial punishment. According to the classification of abroad, security measure can be divided into security measure of human and security measure of items. About the problem of the relationship between the security measure and the criminal penalty, there is the dispute of “monism” and “dualism”, combined with China's national conditions, “dualism” is more positive. The concept of security measure originated from the Roman era formed a complete theory was in the late 19 th century early 20 th century, after World War II was the criminal legislation in many countries in the world.Due to the security measure had been malicious used by the Nazis during World War II, Chinese treat it with exclusive emotion for a long period. Until to 1980 s, China began to do a lot of research on the security measure system. There is no legal term of security measure in the current legal system of China, however, there are legal norms with the nature of security measure in China's criminal law, criminal law and other administrative laws and regulations in line, but the rules is very fragmented, there are a number of problems with them. Therefore, we must integrate and reconstruct the existing security measures, put them in the criminal law to make them systematic, normalize and procedural, and then build up the security measure system with Chinese characteristics. And because our country has enough material conditions, the identification of theoretical and the improvement of the judicial personnel quality, build the security measure system has feasibility in our country.Build the security measure system in our country should adopt to take “criminal penalty—security measure” of the “double track” legislative mode. To set up a special chapter in the penal code, and put the security measure system in. And then, make criminal penalty and security measure into parallel. The person who implemented a crime with no criminal responsibility, or with limited criminal responsibility and the specific content related to the crime, are the object of security measure. By reference to the foreign security measure type, security measures of our country after the integration, reconstruction, expansion, eight kinds of security measures should be set up in penal code: reeducation, compulsory medical treatment, forced to drug rehabilitation, prohibition order, banned from some sort of career, protection of observation, security confiscated, the guarantee of good behavior. The application of the security measure should insist on the principle of statutory, necessity and fairly. The security measure system in our country shall apply criminal judicial procedure. According to criminal responsibility of the applicable objects, to build security measures applicable procedures respectively. The perform system of the security measure system also should be established. Enforcement agencies including: reeducation institutions, specific medical institutions, drug rehabilitation center, department of community correction, the administrative department for industry and commerce, courts, etc. Execution mode based on each specific measures, and we need to consider that how to coordinate the execution of penalty and security measure; procuratorial organs supervise the implementation, we should establish and improve the supervision mechanism on the basis of insist on synchronous monitoring.